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(영문) 광주지방법원 2017.01.20 2016고합442
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On September 30, 2016, at around 18:00, the Defendant provided a victim E (one-third years of age) who became aware of through the SNS website at the branch food office located in Gwangju Mine-gu, Gwangju, through the SNS website, and provided the victim E (one-third years of age) with meals, etc., and decided to collect the victim.

Around 20:30 on the same day, the defendant was on board a 101 elevator residing in the same Dong, and the victim got off from the fourth floor, with a view to rapeing the victim, she was satisfing on the wall of the victim, she was satisfing on the part of the victim, she was faced with the victim's entrance, and she was satfing on the victim's upper part, she was satfing on the victim's upper part, without disregarding the victim's intention of refusal, while she was satfing on the victim's upper part or she was satching on the victim's chest, and she was satfing on the victim's upper part, or she was satfing on the victim's second part, and she was satfing on the victim's body without being satched by the victim's body and she was satisfing on the victim's body.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes governing stenographic records;

1. Article 7 (6) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which are applicable to the crime, and Articles 7 (6) and (1) of the same Act;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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

1. 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 [the defendant has no criminal record of a sexual crime, and the case in which the defendant has no criminal record of a sexual crime];

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