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(영문) 청주지방법원 2016.11.25 2016고합167
아동ㆍ청소년의성보호에관한법률위반(유사성행위)
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On January 23, 2016, from around 21:00 to around 3, 2016, the Defendant divingd in the bet while drinking alcohol together with E, the victim K (n, 17 years of age) in the bet while drinking alcohol. At around 24:00 on the same day, the Defendant was broken out with the Defendant’s sexual intercourse with the Defendant, but the locked. After the completion of the sex relationship, J said that the Defendant was able to sit in the bet with the bet while the victim was aware of the body of the body of the victim, she was laid down in the bet, and she was laid down with the body of the victim, and went into the bet, and then she said that “a defect once in the bet.”

As a result, the defendant committed an act of inserting part of body in the sexual organs of a juvenile victim.

Summary of Evidence

1. Legal statement of K witness K;

1. Partial statement of the witness J;

1. Each police statement to K;

1. Application of the second police interrogation protocol to J on part of the police interrogation protocol:

1. Article 7 (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. In light of the background leading up to the instant crime, the circumstances after the instant crime was committed, etc., the mere fact that the Defendant committed the instant crime is likely to commit sexual assault and repeat a crime.

It is difficult to deem that there is a need to impose a disposition called a disclosure and notification order that may significantly affect the defendant's rehabilitation into the society, the defendant's personal information registration and order to complete a program can be expected to some extent to prevent recidivism, the defendant has no previous sexual violence crime against him/her, and the defendant's age, family environment, and society.

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