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(영문) 수원지방법원 안양지원 2019.08.23 2019고합32
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

Defendant

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

Defendant

Sexual assault against A for 40 hours.

Reasons

The criminal facts (defendant A) and the victim C (the age of 14) have used tobacco to attract Defendant A to the house of Defendant A and intended to have sexual intercourse with the victim.

Defendant

A and B, around August 2017, at the home of the defendant's office located in the military apartment E in Sinpo-si around 2017, sent the victim who was found at the end of tobacco, Defendant A, by hand, was unable to cause the victim by cutting the victim's shoulder, cutting the victim's arms, cutting the victim's arms, preventing B from causing the victim's sexual intercourse, suppressing the victim's resistance against the other victim's body.

As a result, Defendant A and B were raped jointly with the victim.

Summary of Evidence

1. C’s legal statement;

1. Application of statutes requesting cooperation in investigation (the result of the autonomous committee for countermeasures against school violence);

1. Article 4 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act;

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. 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. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse are children and juveniles 15 years of age at the time of the instant crime, and it is difficult to readily conclude that the Defendant is in danger of recidivism or recidivism of sexual assault in light of the Defendant’s past record. The instant sexual crime committed by the Defendant is not for an unspecified general female, but for an unspecified general female; the Defendant’s sentence against the Defendant, registration of personal information, and orders to complete sexual assault treatment programs is anticipated to have the effect of preventing recidivism; the Defendant needs to open an opportunity to return the instant crime as a cleaning agent and

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