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(영문) 부산지방법원 동부지원 2018.08.21 2018고합71
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

A defendant shall be punished by imprisonment with prison labor for a maximum of three years and a short of two years and six months.

The defendant is about 40 hours of sexual assault treatment program.

Reasons

Punishment of the crime

The defendant and the victim C (n, 18 years of age) are between the defendant and the victim known to the general public.

On September 14, 2017, around 14:00, the Defendant sent a victim before the victim's residence located in Suwon-gu, Busan, and avoided tobacco, and the victim "I wish to go to the rooftop," and the victim went to the Busan, Suwon-gu D Manyle E rooftop.

The Defendant, who was expected to sit in a hulled rice so as to avoid tobacco, was placed on the floor by laying down the bridge of the victim himself/herself, and forced off his/her inner brightness and clothes, so as to prevent the victim from getting out of his/her arms, and sexual intercourse once with the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A statement made by the victim and a record of the statement made by the victim in a video recording CD;

1. Each investigation report (the sequence 7,9 of evidence list);

1. Application of Acts and subordinate statutes concerning photographs and field photographs of the upper part of the damage;

1. Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which are applicable to the relevant criminal facts and the selective punishment;

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (a defendant is deemed to be a juvenile in light of his/her characteristics, and thus, is deemed to be reasonable in light of his/her characteristics);

1. Articles 2 and 60 (1) of the Juvenile Act in an irregular manner;

1. The Defendant exempted from the disclosure order and notification order under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Sexual Abuse, is a person whose age 1 January 1 of the year in which he/she reaches 19 years of age, and is not a “child or juvenile” under Article 2 subparag. 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, the Defendant may not be exempted from the disclosure order and notification order on the ground that he/she is a child or juvenile;

Job, risk of recidivism, motive for the crime of this case, method of crime, seriousness of the crime, disclosure order or notification order.

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