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(영문) 부산지방법원 2021.01.15 2020고합462

미성년자의제강간

Text

1. The defendant shall be punished by imprisonment for a period of one year and six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From February 2020, the Defendant was dead between the victim B (the name of the Defendant, the age of 15) and the victim.

On May 31, 2020, the Defendant: (a) had sexual intercourse with the victim at the Duding room in Seoul Special Metropolitan City Nowon-gu, Seoul Special Metropolitan City, with the well-known fact that the victim is under 16 years of age; (b) but he was aware of the fact that the victim is under 16

Accordingly, the defendant had sexual intercourse with the victim under 16 years of age who is 19 years of age or older.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement investigation report [the video recording for the victim B (a)], stenographic records, and victim video recording CDs with the defendant;

1. Article 305 (2) and Article 297 of the Criminal Act concerning the facts constituting an offense;

1. Article 53 of the Criminal Act and Article 55(1)3 of the Act on the Suspension of Execution under Article 62 of the Criminal Act, Article 62 (1) of the said Act;

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

1. There are special circumstances in which the disclosure or notification of personal information may not be made in light of the Defendant’s age, occupation, risk of repeating a crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure or notification order, the prevention of sex offenses subject to registration that may be achieved therefrom, the effect of protecting victims, etc., as a whole, pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

[Determination]

1. There are special circumstances under which the employment of the defendant shall not be restricted in considering comprehensively the age, family environment, and social relationship of the defendant, records of the crime, details and motive of the crime, method of the crime, result of the crime, risk of recidivism, disadvantage of the defendant's entry due to the employment restriction order, preventive effect of the sex crime that may be achieved due to such order, etc.

The reason for sentencing

1. Sentence of a punishment by law;