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(영문) 전주지방법원 2015.07.02 2015고합63
아동ㆍ청소년의성보호에관한법률위반(준강간)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On August 24, 2014, the Defendant, at the home of the Defendant’s female-friendly job offers D, located in 07:30 Jeon Man-si, Masan-si, with a view to getting off the convenience store, was raped by having sexual intercourse with the victim E (the victim E, 15 years old), who was under the influence of alcohol and was unable to resist due to the breath of the victim’s body, by inserting the victim’s sexual organ into the part of the victim’s sound.

Summary of Evidence

1. Defendant's legal statement;

1. Recording records and stenographic records of E;

1. Statement made to D by the police;

1. Investigation report (report on voluntary dynamics by a person suspected of violating the Act on the Protection of Children and Juveniles against Sexual Abuse), investigation report (on-site investigations directly around the place of crime), and investigation report (Listening to statements by a victim);

1. Application of Acts and subordinate statutes to each photograph, each medical clinic, and the content of message dialogue;

1. Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning criminal facts;

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

1. In full view of all the circumstances such as the disclosure order and the exemption order of notification order, the proviso to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant stated that he/she is guilty of committing the crime in this court, and that he/she has committed the crime in this case; the process and process leading up to the crime in this case; there was no history of punishment for sexual crimes; and the profits and effects expected by the disclosure order or notification order in this case; and any disadvantages

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