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(영문) 의정부지방법원 2016.06.22 2016고합43

아동ㆍ청소년의성보호에관한법률위반(강간)

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:40 on November 11, 2015, the Defendant, while drinking alcohol together with the victim E (V, 18 years of age), she: (a) 105, the Defendant: (b) was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually,

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A response to a request for appraisal, such as records on the treatment of victims of sexual assault, field photographs, basic certificates, etc.;

1. Application of Acts and subordinate statutes to a report on internal investigation (Attachment to a screen with a F closure);

1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Selection of Imprisonment with labor for a fixed term) concerning the relevant criminal facts and Article 7 of the same Act;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (which has grounds to consider the commission of a crime)

1. Article 62(1) of the Criminal Act on the stay of execution (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);

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

1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of the circumstances such as the background and process of the instant crime, the risk of recidivism, the Defendant’s age and environment, profits and preventive effects expected due to the disclosure or notification order, and the disadvantages and side effects therefrom, there are special circumstances in which the disclosure of the Defendant’s personal information may not be disclosed.

The reason for sentencing is that the defendant rapes the victim who is a juvenile, and the defendant seems to have significantly suffered mental impulses caused by this, and the defendant is under the influence of alcohol around November 6, 2015.