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(영문) 광주지방법원 2019.01.11 2018고합432
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

A defendant shall be punished by imprisonment for a maximum term of two years and six months, and a short term of two years.

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

Reasons

Punishment of the crime

피고인은 2018. 6. 30. 05:00~05:30경 광주 동구 B, C호 소재 피고인의 주거지 내 방안 침대에서, 선배 D과 그의 여자친구인 피해자 E(가명, 18세, 여)을 하룻밤 재워주기 위해 피고인의 주거지로 오도록 한 후, 피해자는 평소 자신의 친누나가 사용하던 방에서 혼자 자게 하고, 자신은 위 D과 따로 다른 방에서 잠을 잤다.

During that process, the Defendant revoked the locking device of the room in which the victim was her shoulder or the victim's self, and revoked the locking device of the room by advertising tobacco to the victim, and made it possible for the victim to take a wale and her wale together with the wale where the victim was her wale. When the victim refuses to do so, the victim's wale is prevented from leaving the victim's arms, etc. with his bale's hand when the victim refuses to do so, the victim's bale is prevented from driving the victim's arms, etc., the victim's bale is prevented from driving the victim's arms, etc., and the victim's knee is prevented from driving the victim's bale with kne., and sexual intercourse was committed once with the victim's bale and pan.

Accordingly, the defendant raped the victim who is a child or juvenile.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (the defendant is recognized as a juvenile in view of its characteristics, since he/she is recognized as a juvenile in view of its characteristics);

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. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;

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

1. Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Exemption from Disclosure Orders and Notification Orders;

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