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(영문) 서울중앙지방법원 2015.08.21 2015고합439
아동ㆍ청소년의성보호에관한법률위반(준강간등)
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

On November 6, 2014, around 03:20 on November 6, 2014, the Defendant: (a) around rubber Children Park 20, the rubber Future in Seocho-gu Seoul, 35, had the victim C (here, 18 years of age) who works together in restaurants and restaurant operators, and had the victim her house with the restaurant operators, and had the victim her house and had the victim her talked to have sexual intercourse with the victim by taking advantage of the state of her ability to resist.

The defendant divided the victim who was sleep into the original slick soflick and added his fingers into the part of the victim's inner part, and added his fingers into the part of the victim's inner part, and tried to commit rape by inserting the part of the victim's refusal and inserting his fingers into the part of the victim's inner part. The defendant tried to commit rape by inserting the victim's slick and slicks and inserting his sexual organ into the part of the victim's inner part, such as D, etc., where the victim's sleep "I am slick" passes along the park, but the defendant did not commit an attempted crime, but did not commit a wind to four males, such as D, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each police statement made to D, E, F, and G;

1. 112 Report details and the application of Acts and subordinate statutes to photographs of crimes;

1. Articles 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act for statutory mitigation;

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

1. In full view of the Defendant’s age, occupation, family environment, social ties, criminal records and the risk of recidivism (no criminal punishment history exists, and other benefits and preventive effects expected by the instant disclosure order or notification order, and disadvantages and side effects therefrom, etc., the Defendant’s personal information may not be disclosed or notified.

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