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(영문) 서울중앙지방법원 2016.08.19 2016고합282

미성년자의제강간

Text

A defendant shall be punished by imprisonment for two years.

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.

Reasons

Punishment of the crime

The defendant is a space between the victim C (V, 12 years of age) and the firstman on November 2015, 2015, which he/she had been engaged in holding through a smartphone-compling event and became aware of.

When the defendant was in close relationship with the above victim, he was solicited by the above victim on November 9, 2015, and was able to play with the victim's house of Gwanak-gu in Seoul Special Metropolitan City D and 302 on November 9, 2015, and was divided with the beer and beer that he purchased in advance with the victim, and the victim and the victim were even aware that the victim was under 13 years of age.

Accordingly, the Defendant had sexual intercourse with a female under 13 years of age by having sexual intercourse once.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. stenographic records in relation to C;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of written opinions of experts in statement analysis), and report internal investigation (verification at the scene of occurrence);

1. Articles 305 and 297 of the Criminal Act concerning the facts constituting the crime;

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 stay of execution (The following grounds for sentencing shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused falls under a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused shall submit personal information to the competent agency pursuant to Article 43

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exemptions from Disclosure Orders and Notification Orders, proviso to Article 49(1) and proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the disclosure and notification order of registered information may have a significant impact on the defendant, so it is necessary to be careful.

The instant crime is not intended for a large number of unspecified victims.