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(영문) 광주지방법원 2015.01.30 2014고합583

아동ㆍ청소년의성보호에관한법률위반(강간)

Text

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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 18, 2014, the Defendant: (a) laid off a cell phone from a victim, who is a child or juvenile, E (V, 16 years of age) in the “Dmoel” located in Gwangju Northern-gu, Gwangju (hereinafter “the instant telecom”); (b) laid off the victim’s on the part of the victim, cut off the cell phone with the wall, cut off the victim’s knife the victim’s knife, cut off the victim’s knife, and tried to rape the victim, but the Defendant attempted to rape the victim after finding the cell phone that occurred on the part of the victim; and (c) attempted to commit an attempted crime with the wind to report to the police after reporting the victim.

Summary of Evidence

Criminal facts in holding

1. Any statement made by the defendant in compliance with this Act;

1. Statement made in compliance with the statement of E prepared by the assistant judicial police officer;

1. Among on-site photographs, it is possible to recognize them by integrating the images suitable therefor, and there is proof.

Application of Statutes

1. Article 7 (6) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, concerning the relevant criminal facts and the choice of punishment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the ground that the defendant committed the crime of this case one time and has no record of punishment for sexual crimes, and thus, it is difficult to readily conclude that the defendant is in danger of recidivism. Considering the circumstances, such as

1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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

1. On September 17, 2014, the Defendant first became aware of the victim through the NAVF “F” and, on September 18, 2014, at H convenience stores located in front of the G apartment of Gwangju Northern-gu, 01:0 on September 18, 2014, after drinking the victim at “I” main points near the G apartment of Gwangju-gu.