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(영문) 수원지방법원 평택지원 2014.08.06 2014고합82
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete 100 hours of sexual assault treatment program.

Reasons

Punishment of the crime

At around 16:00 on August 25, 2013, the Defendant: (a) met the victim D (n, 14 years of age) who became aware of through the Internet hosting site C prior to the opening of Pyeongtaek-si, Pyeongtaek-si; (b) opened a e-mail in the vicinity with the victim, and talked with the victim; and (c) during the victim’s play, the Defendant “I will come back with the victim’s own body. I want to do so, even though the victim did not want to do so, the victim’s shoulder was fright at the sofash where the victim’s shoulder was fashed, so long as the victim’s shoulder was unfolded with the victim’s shouldered by both hand, and the victim’s shoulder was off and fashed, and the victim’s sexual organ was added to the victim’s sexual organ, and raped the victim’s child or juvenile.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Entry of stenographic records in the statement of a victim prepared in the F noteer; and

1. Application of Acts and subordinate statutes to record the written opinion of experts on sexual assault cases against victims prepared by G specialists in the statement investigation and analysis of persons with disabilities with sexual assault;

1. Article 7 (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse, which provides for relevant legal provisions concerning facts constituting an offense and Article 7 (1) of the same Act;

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), the main sentence of Article 21 (3), and subparagraph 2 (a) of Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. In full view of the following circumstances: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (b) the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, occupation, family environment, social ties; (c) previous convictions; (d) the risk of recidivism; (e) the Defendant’s personal information disclosure order or notification order; and (e) the benefits and preventive effects expected by the Defendant’s disclosure order or notification order; and (e) disadvantage and side

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