beta
(영문) 의정부지방법원 2017.02.09 2016고합603

아동ㆍ청소년의성보호에관한법률위반(강간)

Text

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

Reasons

Punishment of the crime

On September 6, 2011, the Defendant was sentenced to a suspended sentence of two years for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at the District Court, which became final and conclusive on September 15, 2011.

around 00:15 on December 14, 2010, the Defendant: (a) discovered the victim E (n, 16 years of age), who is a female child or juvenile, and tried to rape the victim; (b) followed the victim, saying, “In light of face, face, knife, knife, knife, knife, knife, and knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife the victim’s shoulder, knife, knife the victim’s shoulder, knbbbbbbbbbbbbbbbbbbs, kn the victim’s kn part, and tried to commit rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E statements;

1. A statement of genetic analysis and appraisal, and the results of inquiry into the personal information of convict DNA;

1. Data on method CCTV photographs, and data on the outer CCTV of D apartment units;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), investigation report (report attached to a final and conclusive judgment);

1. Article 7(6) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11047, Sep. 15, 2011); Article 297 of the former Criminal Act (Amended by Act No. 11574, Dec. 18, 2012);

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 11572, December 18, 2012), Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. To request an order of disclosure and notification;