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(영문) 대전지방법원 2020.06.12 2019고합445
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

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

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

Reasons

Punishment of the crime

On January 1, 2017, the Defendant: (a) in a room where it is impossible to know the Seo-gu Daejeon, Seo-gu, Daejeon; (b) in drinking alcohol together with Ma-gu C, Victim D (L, 13 years of age) and E, had the victim drinked the unfortuous maximum drinking materials purchased through the Internet, and had the victim drink it on a beer, and had the victim feel sexual intercourse twice with the victim, and put the Defendant’s sexual organ into the victim’s entrance.

Accordingly, the defendant raped the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D, F, and C;

1. Each statement of D and C;

1. Application of the Act and subordinate statutes to a criminal investigation report (to hear the victim's counter phone statement) (to hear the victim's counter phone statement), investigation report (to hear the witness C relative telephone statement for specifying the period of the criminal investigation), investigation report (to hear the victim's counter phone statement related to the suspect'

1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for 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. An employment restriction order;

A. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 15352, Jan. 16, 2018), the proviso to Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15452, Mar. 13, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018);

(b) Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Law No. 15904, Dec. 11, 2018); the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, and Article 17282 of the former Act on the Protection of Children and Juveniles against Sexual Abuse.

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