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(영문) 수원지방법원 여주지원 2016.01.07 2015고합77
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
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

The defendant is the mother of the victim C (V, 17 years old) and the person living together with the victim's house D apartment 201 Dong 11.

On October 6, 2015, the Defendant: (a) around 16:30 of the above victim’s inside the house; (b) caused the victim’s desire to take part in the bed; (c) prevented the victim from taking part in the bed against the Defendant’s bridge by taking advantage of the victim’s bridge; (d) obstructed the victim’s chest from taking part in the bed against the Defendant’s bridge; and (e) immediately kid the victim’s chest by raising the victim’s name to the bed against the victim’s chest; and (e) putting the Defendant’s sexual organ into the bed of the victim’s sexual organ; and (e) inserted the victim’

Accordingly, the defendant had sexual intercourse with a juvenile by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. stenographic records of the Gyeonggi Sea Center;

1. Application of Acts and subordinate statutes on medical records for victims of sexual assault;

1. Relevant legal provisions and Articles 7 (5) and 7 (1) of the Act on the Protection of Juveniles from Sexual Abuse against Children and the Selection of Punishment for Criminal Facts (Selection of Imprisonment with prison labor for a period of time);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing).

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

1. There is a criminal tendency against many unspecified victims, considering the attitude of the instant crime and the relationship with the victim, etc., of the child exempted from disclosure orders and notification orders under the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse (the fact that there is no history of sex offense against the accused, and the attitude of the instant crime and the relationship

It is difficult to conclude that in this case, only the registration of personal information and the completion of sexual assault treatment programs can prevent the defendant from repeating the crime to a certain extent.

The defendant's age, family environment, social relation, occupation, details and result of the crime of this case, including the fact that he appears, is disadvantageous to the defendant due to the disclosure order or notification order of this case.

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