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(영문) 수원지방법원 2014.08.12 2014고합244
미성년자의제강간
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On August 8, 2013, the Defendant became aware of the victim E (the age of 12) who participated in the above camp while engaging in volunteer service in the Ccam Scam Scam camp, which is the Scam of C University.

On August 8, 2013, at around 11:00, the Defendant had sexual intercourse with the victim who was under 13 years of age by cutting off the clothes of the victim from the victim’s sexual intercourse with the victim’s sexual intercourse with the victim by inserting the victim’s sexual organ into the victim’s sexual intercourse with the victim by inserting the victim’s sexual organ into the victim’s sexual intercourse with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. stenographic records (Evidence Nos. 13), each video CD;

1. Application of Acts and subordinate statutes to each investigation report (the No. 16, 17, and 19 of the evidence list), and internal investigation report (the receipt of reports on damage);

1. Articles 305 and 297 of the Criminal Act applicable to the facts constituting an offense;

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

1. Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Reduction area (one year and six months to three years) of mitigation area (special mitigation area) of the types of sex offenses subject to the age of 13, the scope of recommending punishment [the scope of recommending punishment] according to the sentencing criteria, general standards, and the mitigation area (one year and six months to three years);

3. The crime of this case, which was sentenced to sentence, was committed by a female elementary school student who is merely 12 years of age, and was sexual intercourse with the defendant, and the crime of this case is not good, and the defendant and the victim committed the crime of this case using the victim's trust and sense that the defendant believed and followed his own trust, and thus, social criticism is highly high. The victim is a student whose sexual consciousness has not yet been properly established and whose ability to judge is weak, and the crime of this case in the future has an adverse effect on the victim.

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