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(영문) 서울서부지방법원 2012.11.01 2012고합168
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

At around 23:00 on December 14, 201, the Defendant: (a) carried out drinking together with the Victim G (F, 15 years old) who was a female juvenile of Yongsan-gu, Yongsan-gu, Seoul, and a female juvenile of the F, who was aware of at least 305, in the Ething site; (b) carried out drinking together with F, and E; (c) followed the victim who was under the influence of alcohol; and (d) the victim f, and was under the influence of alcohol; (c) the victim f, and the victim f, who was under the influence of alcohol, f, and the victim f, f, and the victim f, was dumped from the victim’s body and panty; and (d) the victim rejected the victim’s refusal to take part in the body of the victim; and (e) had sexual intercourse over twice with the victim’s convenience and panty.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each statement made by the victim in each video CD;

1. Application of Acts and subordinate statutes to investigative reports (to attach sound recording files and report details reported by the victim 112);

1. Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which constitutes a crime, and whose punishment is selected;

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 13 (1) and Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which shall be ordered to disclose;

1. Where a conviction becomes final and conclusive on the facts constituting a crime against a defendant who has registered personal information pursuant to Article 38-2(1)1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is a person subject to registration of personal information pursuant to Article 33(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the defendant is obligated to submit personal information to a competent agency pursuant to Article 34

Defendant

Judgment on the Defense Counsel's argument

1. The point of the argument is that the victim has sexual intercourse and has no power under the agreement with the victim.

2. Determination

(a) The protection of children and juveniles against sexual traffic;

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