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(영문) 춘천지방법원 2016.01.26 2015고합107

아동ㆍ청소년의성보호에관한법률위반(준강간)등

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant is a difference between the victim C (math, 17 years of age) and the female's male sex D and high school after the birth of the victim.

On September 20, 2015, the Defendant opened the above studio entrance, which was not corrected in the residence of the said D, Hongcheon-gun, Hongcheon-gun, E. 00 of the building, and confirmed the fact that the victim was her body of the married body, and immediately re-enters the victim with the mind that the victim would rape, and then, the Defendant her part and clothes was her body and her chestd with the body of the victim, and she had sexual intercourse once with the victim by inserting his/her her sexual organ into the negative part of the victim.

Accordingly, the defendant, after intrusion upon D's residence, raped the victim by taking advantage of the victim's mental and physical loss.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records of the Gangwon Sea Center;

1. Investigation report (detailed analysis ofCCTV images);

1. Application of each reply to each request for appraisal (Evidence No. 265 to 269, No. 276 to 278 of the Evidence Records);

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319 (1) and Article 299 of the Criminal Act (the occupation of quasi-rapes) concerning the crime, Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act concerning the crime;

1. Punishment prescribed in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Crimes in Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Crimes in Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Punishment of Crimes in Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes of which the nature of the

1. Selection of alternative abandonment of punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Protection and Order to attend lectures or community service orders;

1. The punishment, etc. of sexual crimes subject to exemption from disclosure orders and notification orders;