아동ㆍ청소년의성보호에관한법률위반(준강간등)
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 20, 2012, the Defendant, around the new wall on October 20, 2012, had a view to raped the victim under the influence of alcohol while drinking alcohol with D and her female friendly job offers victim E (the age of 17) in a dormitory with C dormitory 3rd in the city of Jung-gu, Chungcheongnam-do.
The Defendant had sexual intercourse with the victim by bucks and bucks of the victim and inserting his sexual organ into the victim’s sexual organ in the victim’s sexual organ.
Accordingly, the defendant quasi-rapeed the victim who is a child or juvenile.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and F;
1. Application of the Acts and subordinate statutes on the petition of G production;
1. Article 7(4) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same), Article 299 of the former Criminal Act (wholly amended by Act No. 11574, Dec. 18, 2012) concerning criminal facts
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 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572), Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse
1. Grounds for sentencing under the proviso to Article 38 (1) and the proviso to Article 38-2 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (where the defendant is a child or juvenile, special circumstances shown in favorable circumstances among the following sentencing grounds) for exempting the disclosure order and notification order
1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;
2. Application of the sentencing guidelines [Determination of a type] sex crimes, sex offenses subject to the age of 13 or more, rape/special rape (type 2) by blood relatives, etc. (special rape/special rape (type 2): Reduction element: Reduction element of the punishment not (general person): serious reflectivity, no record of criminal punishment [the scope of recommendation] mitigation range, imprisonment from 3 years to 5 years.