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(영문) 서울북부지방법원 2018.02.09 2017고합458
아동ㆍ청소년의성보호에관한법률위반(준강간)
Text

A defendant shall be punished by imprisonment for a maximum term of four years and a short term of two years and six months.

The defendant is about 40 hours of sexual assault treatment program.

Reasons

Punishment of the crime

On May 22, 2017, at around 21:30 on May 2, 2017, the Defendant: (a) was a victim E (the 16-year-old age), F, and G, who had been aware of in the instant singing room in Dobong-gu Seoul, Dobong-gu, Seoul, and 2; and (b) had the victim drink and drink in singing together with F and G, and had the victim feel humbbbbbbbbbs in mind to rape the victim, who was in the instant F and G, by drinking the victim’s drinking by drinking.

The phrase “the victim out of the above two persons,” putting the victim on the sing room floor, putting the singular part on the part of the victim, putting the singular part on the part of the victim, and putting the singular part into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim who is a child or juvenile on one occasion by taking advantage of the victim's mental or physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. E’s statement and record-keeping recorded in video recording CDs;

1. Statement made by each prosecutor with respect to G and F;

1. 112 Report processing sheet, diagnosis sheet, appraisal response letter, and letter sent by the defendant to the victim;

1. Application of Acts and subordinate statutes to report internal affairs (the attachment of sing photographs, victim and on-site verification and investigation, testimony of witness);

1. Relevant Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning the facts constituting an offense;

1. Articles 2 and 60(2) of the Juvenile Act, Article 55(1)3 of the Criminal Act (the defendant is deemed to be a juvenile in light of his/her characteristics) of the Juvenile Act, and Article 55(1)3 of the Criminal Act

1. Articles 2 and 60 (1) of the Juvenile Act in an irregular manner;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Determination as to the defense counsel’s assertion under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an order of disclosure and notification (see, e.g., Supreme Court Decision

1. The Defendant, at the time of committing the instant crime, was in a state of mental and physical loss or mental weakness by drinking alcohol.

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