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(영문) 수원지방법원 안양지원 2015.04.03 2014고합250
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

At around 05:00 on July 19, 2014, the Defendant was working together with the Victim E (W, 17 years of age) and F, which is a juvenile, in the vicinity of the Gyeonggi Cate (D) around 05:00, and the Defendant committed an act of similarity by putting the victim’s knife into the victim’s panty while preventing the victim, who had sexual intercourse with the victim and was in the bed while entering the toilets, from putting the victim’s knife one hand, while having sexual intercourse with the victim and entering the toilets.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness E, F, G, H, I, and J;

1. Statement to E by the police;

1. The application of Acts and subordinate statutes to criminal investigation reports, recording and recording records preparation reports;

1. Article 7 (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant 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. Determination on the assertion of the defendant and his/her defense counsel on the grounds of 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 (i.e., the defendant's age, family environment, social ties, criminal records, the risk of recidivism, the circumstances leading up to the crime of this case, profits and preventive effects expected by the disclosure order or notification order of this case, disadvantages and side effects therefrom, etc.

1. The defendant and his defense counsel asserted that the victim was not aware of the fact that the victim was a juvenile at the time of the crime of this case.

1.2.2 Doese, Doese, Doese.

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