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(영문) 부산지방법원 2014.03.07 2013고합674
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

A defendant shall be punished by imprisonment for a maximum term of four years and a short term of three years.

The defendant shall be a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On June 14, 2013, at around 14:00, the Defendant, at the home of the victim D (Woo, 17 years of age), in Busan Shipping Daegu C, did not object to the Defendant, such as: (a) was able to rape the victim; (b) was placed on the inside floor of the bank; (c) was placed on the part of the victim; and (d) was placed on the part of the driver on the part of the driver; and (d) was able to be taken on the part of the victim; and (d) was able to be taken on the part of the driver; and (d) was sexual intercourse with the juvenile at one time.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Application of each prosecutor's protocol of interrogation of the accused to the prosecution (part of each statute);

1. Article 7(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) concerning criminal facts;

1. Statutory mitigation under Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (a defendant is recognized as a juvenile in light of his/her characteristics, since he/she is recognized as a juvenile);

1. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse before order to complete program;

1. Determination as to the assertion and defense counsel of the defendant and his/her defense counsel in light of the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant was a juvenile at the time when he/she committed the instant crime, without any history of sexual crime, and the motive, circumstance, etc. of the instant crime

1. The defendant and his defense counsel asserted that although the defendant and the victim have sexual intercourse, the above sexual relationship was agreed upon by the victim in light of the situation that the victim has fled or could have resisted, and that the above sexual relationship was not raped by assault and threat as stated in the above facts charged.

2. The perpetrator to establish the judgment of rape.

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