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(영문) 창원지방법원 밀양지원 2016.04.15 2015고합36
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

around 22:30 on August 10, 2015, the Defendant drinked E and drinks at D frequency located in C, and around 23:30 on the same day, around 23:30 on August 10, 2015, the Defendant performed drinking together with the Victim G (L, 18 years of age) and H, and performed drinking on August 11, 2015, around 01:30, the Defendant moved to 500 in Jnman in C, as well as drinking.

1. On August 11, 2015, at around 03:00, the Defendant: (a) released the victim F and E from a room to return home home home home home home home home home home home home home home home home home home home home, and (b) subsequently, the Defendant saw the victim’s face home home home home home home home home home home home home home home home home home home home home home home home home home home home home home home home home home- home home- home home- home home home- home home- home home- home home- home home- home home- home home- home home- home- home home- home home- home home-do, and then, the victim cannot be identified as the number of days of treatment.

2. On August 11, 2015, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (rape-rape) prevents the Defendant from entering the open room at the time of F and E at around 04:00, as seen above, and, as a result, the Defendant was under the influence of alcohol and left the open room with the victim G, he raised the victim’s name toward the breast part, and panty and sexual intercourse once after he exceeded all the pantys.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the mental or physical loss of the victim or the impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to H, E, F, and G;

1. 112 A list of reported cases;

1. A medical certificate and a gene appraisal report;

1. Application of the Acts and subordinate statutes governing victim photographs and field photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 257(1) of the Criminal Act (the point of harm, the choice of imprisonment), Article 7(4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act (the point of quasi-rape of a child, the choice of imprisonment for a limited term)

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the extent that the sum of the long-term punishments of the above two crimes is aggregated) concerning the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse with more severe punishment];

1. Order to complete a program;

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