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(영문) 대전지방법원 2015.01.07 2014고합137
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On August 21, 2013, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) went to Daejeon Middle-gu, Daejeon High School, where he knows that the said C was a victim D (W, 15 years old), along with his pro-Ma C on August 21, 2013, and went to Daejeon High School located in the BTXG in the BTXG where the Defendant was driving.

From the building behind the building in the Daejeon Middle School, the Defendant: (a) stated that C was the back seat of the victim, where C was the seat of the victim at the time of locking, and then C was the victim, and the victim refused to do so; (b) the victim refused to do so; (c) was placed on the victim’s body; and (d) was divided into the victim’s neck and panty; (c) was off the victim’s panty; and (d) attempted to rape by inserting his panty into the victim’s sound part; and (d) the victim was able to report the victim’s sexual organ by inserting the victim’s sound part; and (e) the victim was able to report the victim’s sexual organ by inserting it on the victim’s sound part.

2. On August 21, 2013, the Defendant violated the Road Traffic Act (unlicensed Driving) operated the EtraXG car from the front side of the Daejeon Dong-dong “misPC bank” located in the Daejeon Dong-dong movement without obtaining a driver’s license, to the Defendant’s house located in the same Gu-dong and the Daejeon Middle-dong, Daejeon High School located in the same Gu-dong and the Daejeon High School located in the Daejeon Middle-gu, Daejeon, to the Defendant’s house located in the same Gu-gu.

Summary of Evidence

[Fact 1]

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Examination protocol of police suspect regarding D;

1. Statement made to D by the police;

1. The statement of D contained in the video CD (the fact of No. 2 on the market);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 7(6) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the attempted rape and the choice of limited imprisonment) concerning criminal facts;

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