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(영문) 춘천지방법원 강릉지원 2015.08.20 2015고합42

아동ㆍ청소년의성보호에관한법률위반(강간등)

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

At around 13:00 on January 9, 2015, the Defendant: (a) told the victim C (at the age of 16), who was a juvenile, with the knowledge of usual 13:00, drinked alcohol to the victim; and (b) told the victim to report and rape within the “Eel D” 303, 303, and drinked with the victim.

The Defendant kiddd off the victim, and kiddd off the victim, and kidddd off the victim, while the victim kidddddd off the defendant, while intending to have the defendant trade, and continued to kid the victim and panty, and kid off the victim, and kid up the victim’s chest on the chest of the victim, kid up the victim’s resistance by taking over both descendants of the victim, who pushed the victim’s chest on the chest, and resisted the victim’s sexual organ into the part of the victim, and raped the victim once.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer against C, recording record;

1. Investigation report (to hear statements from the counter party to the witness F, who is the branch of the victim C);

1. Application of Acts and subordinate statutes of Part II of the family relation certificate;

1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of a limited term of punishment for the crime;

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (the defendant is recognized as a juvenile in view of its characteristics, since he/she is recognized as a juvenile in view of its characteristics);

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, Article 60 (3) of the Juvenile Act ( considered as being favorable for the reasons for sentencing under the following subparagraph);

1. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, including Probation, Order to attend a lecture or Order to provide community service;

1. The provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse, which are set forth in the proviso of Article 49 (1) and the proviso of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;