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(영문) 대전지방법원 서산지원 2021.01.27 2020고합70

미성년자의제강간

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On July 2020, the Defendant was aware that he was the victim B (V, 13 years of age) who became aware of his age from the victim B (V, 13 years of age) who became aware of his age through Twitman on July 202.

1. On July 18, 2020, the Defendant, who committed a crime on July 18, 2020, exceeded the victim’s clothes on July 12:30, 202, and added the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with a person between 13 and 16 years of age.

2. On August 12, 2020, the Defendant, who committed a crime on August 12, 2020, exceeded the victim’s clothes at around 09:40 on August 12, 2020, and inserted the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with a person between 13 and 16 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Resident registration card;

1. A photograph of a CCTV course;

1. Application of Acts and subordinate statutes to investigation reports (victim B telephone communications);

1. Article 305 (2) and Article 297 of the Criminal Act concerning the relevant criminal facts;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment prescribed for rape of a minor on August 12, 2020, with heavier punishment);

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 shall be considered for the reasons for sentencing):

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which states that an order to attend a lecture has been issued under Article 62 (1) of the Criminal Act ( repeatedly taking into account favorable circumstances among the grounds for sentencing as follows);

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 17282, May 19, 202), the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of criminal punishment; the Defendant’s order to attend a lecture, restriction on employment, and registration of personal information can expect the effect of preventing recidivism to a certain extent.