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(영문) 대전지방법원 2014.02.19 2014고합19

아동ㆍ청소년의성보호에관한법률위반(준강간등)

Text

A defendant shall be punished by imprisonment for three years.

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 July 2013, the Defendant: (a) around the end of Sejong Special Self-Governing City, at the home of the Victim D (Inn, 15 years of age), who is a juvenile of Sejong Special Self-Governing City, tried to drink with the victim, E, and Defendant’s deadly village, and to sing the victim to sing the victim after drinking together with his or her birth; (b) the victim was able to sing the victim into the inside and outside of the premises; and (c)

The Defendant, under the influence of alcohol, spanty was spanty by inserting the hand by the gap between the victim's counterbucks and bucks, and spanty was put in the spanty.

Accordingly, the defendant raped the victim who is a juvenile in a state of impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing the statement statement made by the prosecution against D;

1. Article 7 (4) and (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has not yet reached the age of 19 years, has no record of criminal punishment, and the defendant has agreed with the victim, there is a special circumstance to not disclose or notify the defendant's personal information to the defendant who has registered the personal information.) where the conviction of the defendant on the criminal facts in the judgment that constitutes a sex offense against a child or juvenile becomes final, the defendant is 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 is obligated to submit such information to the competent agency pursuant to Article 43 of the same Act

Sentencing.