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(영문) 대구지방법원서부지원 2020.08.27 2020고합76
미성년자의제강간
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant and the victim B (for example, inn, 11 years old) are those known from the "Mphone-rating app", a smartphone introduction app.

At around 15:00 on December 27, 2019, the Defendant met the victim before D, who was located in the domicile of the victim in Seo-gu, Seo-gu, Daegu, Daegu, and became the victim at the victim’s location.

At the above time, the Defendant laid the victim kis, laid the victim on the bed, laid the victim on the bed, laid the victim on the bed, laid down the victim's surface and brode, laid down the victim's panty, laid down the victim's fingers into the sound part, inserted the victim's kis, and inserted the victim's sexual flag into the sound part.

Accordingly, the defendant has sexual intercourse with a minor victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each report on internal investigation (Evidence Nos 2 and 6);

1. Articles 305 and 297 of the former Criminal Act (amended by Act No. 17265 of May 19, 2020) 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. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1622, Nov. 26, 2019); the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); the effect of recidivism can be achieved to a certain extent only by the Defendant’s execution of a sentence, the registration of personal information, and the completion of a sexual assault treatment program; the Defendant’s age, occupation, family environment, social relationship, disclosure order or notification order; the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage due to such order; and the prevention effect of a sexual assault crime that may be achieved therefrom; it is determined that there is a special

1. Children and juveniles who are subject to employment restrictions;

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