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(영문) 청주지방법원 제천지원 2013.11.29 2013고합43

미성년자의제강간

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

around 22:00 on October 7, 2013, the Defendant: (a) inducedd the victim E (at the age of 11) first from the street in front of the D Service in the Chungcheongnamyang-gun C; (b) played together with the Defendant, such as drinking alcohol in neighboring parks and singing singing in a singing room. (c) At around 03:53 on the following day, the Defendant shamped and 206 at C.

The defendant had sexual intercourse by putting the victim's clothes off all of the victim's clothes and inserting his sexual organ into the part of the victim's sound, while putting the victim in a room, putting the victim's bath and kis.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of victim E;

1. Records of statements;

1. A medical certificate and each appraisal report;

1. Application of the Acts and subordinate statutes to capture photographs by 2 copies of a re-issuance receipt, by cutting down CCTVs, by cutting off CCTVs at convenience stores, by cutting off CCTVs, and by cutting down CCTVs;

1. Articles 305 and 297 of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, on probation and community service order;

1. Grounds for sentencing under Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. Scope of recommendations on the sentencing guidelines (decision of a type of punishment), sex crimes, general standards, sex offenses against which the age is under 13, and mitigation factors of types 2 (Special Rape): Reduction factors of punishment (decision on the recommended field): Imprisonment with labor for a year and 6 months to 3 years;

3. The defendant who has rendered a sentence is divided into a serious mind with respect to his crime, and has made a serious effort to reach an agreement, thus making adequate compensation for damage was given, and the victim does not want the punishment of the defendant.

In addition, the defendant is subject to criminal punishment until now.