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(영문) 부산지방법원 동부지원 2012.12.21 2012고합241
강간상해
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall complete 80 hours of sexual assault treatment program.

Reasons

Punishment of the crime

From around 00:00 to 00:15 on July 13, 2012, the Defendant committed an indecent act against the victim by using the victim, who is a child or juvenile, as soon as possible, that the victim was in the state of mental disorder, by discovering the victim D (the 16-year old age), who was frightened in the south-gu Busan metropolitan area, was frightened, and left the panty and the kib in the lower part, and found the victim D (the 16-year age), who was frighten in the state of panty and the panty and the kib in the lower part.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Each statement made by the witness D or E in this Court;

1. Entry in the records of seizure (Evidence No. 26) dated 24, 2012, prepared by the prosecution;

1. Statement of investigation report (general evidence No. 17) on police preparation;

1. Application of each film law of each photograph (Evidence Nos. 30, 31, 287-290)

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning criminal facts;

1. The main sentence of Article 13 (1) and the main sentence of Article 13 (2), subparagraph 2 (a) of Article 2, and Article 59 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing [the scope of applicable sentences under law] under Article 38(1)1, main sentence of (2), and (3), Article 38-2(1)1, subparagraph 3, and Article 2 subparag. 2(a) of the Act on the Protection of Children and Juveniles from Sexual Abuse, and Article 7 of the Act on the Lapse of Punishment, etc. of Children and Juveniles from Sexual Abuse [the scope of applicable sentences under law] from one year to 30 years [the determination of types] of sexual crimes (the determination of types of punishment by January 30, 2012), general standards, crimes of indecent act by compulsion (subject to 13 years of age or older), types 2 [the scope of recommended sentences] basic area, one year and three months to two years and six months (including two types of indecent act by compulsion, and the upper and lowest limits of sentences shall be mitigated to 1/2] of the Act on the Lapse of Punishment, etc. of Juveniles from Sexual Abuse; the defendant shall not be subject to any criminal punishment for one year or more.

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