미성년자의제강간
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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On January 3, 2017, the Defendant, around January 3, 2017, engaged in a game hosting between the victim C (n, 12 years of age) and smartphone mobile “D,” provided contact information, provided and sent smartphone E message, and informed of the birth, age, etc.
1. On February 11, 2017, the Defendant: (a) in the “G” located in the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon; (b) knew of the fact that the victim is under the age of 13, the Defendant, despite being aware of the age of 13, demanded the victim showing a film to have a sexual relationship; (c) kids the victim; and (d) kids the victim on the top of the instant multi-purpose floor settlement unit; and (d)
2. On February 27, 2017, at around 11:00, the Defendant: (a) known that the victim is under 13 years of age, and (b) known that the victim is under 13 years of age, the Defendant got the victim living together with the Defendant’s body, who was frighten in the mallelet lease; and (c) inserted the Defendant’s sexual organ into the victim’s negative part, thereby interfering with the victim and the victim once.
3. 피고인은 2017. 3. 13. 17:00 경 제 1 항 기재 장소에서, 피해자가 13세 미만이라는 정을 알면서도, 피해자의 교복 외투를 벗기고 교복 치마 지퍼를 내린 후 팬티를 벗는 피해자의 성기에 손가락을 넣고 피해자의 성기를 핥은 후 피고인의 성기를 피해자의 음부에 삽입하여 피해자와 1회 성 교하였다.
Accordingly, the defendant, who is a person under 13 years of age, committed each sexual intercourse with C over three times.
Summary of Evidence
1. Statement by the defendant in court;
1. A statement or stenographic record of a victim contained in a video recording CD (a statement of the victim);
1. Application of Acts and subordinate statutes on internal investigation reports (six pages of investigation records);
1. Articles 305 and 297 of the Criminal Act concerning the facts constituting the crime;
1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment prescribed for rape of a minor on March 13, 2017, the largest punishment for concurrent crimes)
1. Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances deemed to be the grounds for sentencing) of the mitigated amount;
1.Article 62(1) of the Criminal Code of the Suspension of Execution (hereinafter referred to as the following):