아동ㆍ청소년의성보호에관한법률위반(유사성행위)
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 a period of three years from the date this judgment becomes final and conclusive.
Criminal facts
At around 04:00 on August 27, 2017, the Defendant: (a) accessed the victim G (the name, the fring, the 16-year old-old age) who was on the side table table in the front of the F convenience point of the apartment apartment of Seo-gu, Seo-gu, Gwangju, by drinking alcohol to drink; (b) drinking together; and (c) drinking to the toilet; and (d) drinking to the toilet; (b) kid the victim and the mato; (c) kid the finger by following the victim; (d) putting the finger into the clothes of the victim; and (e) putting the finger into the knife part; and (e) put the knife.
Accordingly, the defendant raped the victim who is a juvenile.
Summary of Evidence
1. The defendant's partial statement in court (the statement that the defendant has committed similar rapes to the victim);
1. Stenographic records;
1. Application of the Acts and subordinate statutes concerning photographic and statement recording by cutting down the victim's course;
1. Article 7 (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom a crime is committed;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. A special circumstance in which the accused may not disclose or notify personal information to the public, in full view of the possibility of recidivism by the accused, the degree and expected side effects of the disadvantage the accused is placed due to the accused’s order of disclosure or notification, the preventive effect of the sexual crime subject to registration that may be achieved due to such order, and the effect of protecting the victims from the sexual crime subject to registration, etc., of the Act on the Protection of Children and Juveniles against Sexual Abuse;
I think)
Defendant
Judgment on the Defense Counsel's argument
1. Summary of the assertion
A. The Defendant did not recognize that he was the victim under the age of 19.
B. At the time of committing the instant crime, the Defendant was in a state of exploitation.
2. Determination
(a) The victim is under 19 years of age;