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(영문) 의정부지방법원 고양지원 2016.04.15 2015고합256
아동ㆍ청소년의성보호에관한법률위반(강간등상해)
Text

A defendant shall be punished by imprisonment for a maximum of two years and six months, and a short of two years.

Sexual assault against the defendant for 40 hours.

Reasons

Punishment of the crime

The defendant and the victim E (the age of 16) are teaching subjects, and they are at the end of August 2015.

On September 8, 2015, the Defendant tried to talk about the issue of hedging with the victim within the 107-dong 107-dong 2nd underground parking lots of Goyang-gu, Busan Metropolitan City around 00:10, but the victim was willing to rape the victim so that the victim could avoid this accident, and the victim was spacing, plucking the victim's hand with the left hand, leading the victim's sound to spacing the victim's hand, spacing the victim's sound on the floor, spacing the victim's resistance against the victim's hand, spacing the victim's arm, leading the victim's arms to the 107-dong 107-dong 2nd underground floor, which is located in the apartment park of the 1st floor F, and forced the victim to have sexual intercourse with the victim's hand and the victim's panty part necessary for treatment.

As a result, the defendant raped the victim who is a child or juvenile, and inflicted an injury.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement of the police statement related to G;

1. Details of the statement made by the victim (a stenographic record at the Gyeonggi-west Sea Center);

1. A gene appraisal report;

1. A medical certificate;

1. Application of photographs, photographs, and statutes to the victim at the time of committing the crime;

1. Article 9 of the Act on the Protection of Children and Juveniles against Sexual Abuse and Articles 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which are applicable to the crime;

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act, mitigation of juvenile offenses;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Articles 2 and 60 (1) of the Juvenile Act in an irregular manner;

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

1. Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from disclosure orders and notification orders;

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