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(영문) 수원지방법원 안양지원 2014.01.24 2013고합226

아동ㆍ청소년의성보호에관한법률위반(준강간등)등

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

At around 04:30 on September 14, 201, the Defendant discovered the victim E (the age of 15) who was locked in the old while under the influence of alcohol while driving in front of the D Youth Rest in the Mayang-si, Annyang-si, Annyang-si C, and intended to have sexual intercourse with the victim.

When the defendant sits in the side of the victim who is diving, and waits for the shoulderer in the diving, the defendant shouldered the victim's shoulderer "I am equal to that of the victim, ambling the room, ambling the room, ambling with his/her son, ambling with his/her son, his/her son, his/her son, and his/her son's ambling with his/her 305 room in the Boban-gu F at the time of the inside of the victim, ambling the victim into 305 room, the victim's ambling, ambling, and pans under the influence of alcohol at around 05:0 on the following day, he/she got off the victim's ambling, ambling, and pans, added the Defendant's sexual organ into the part of the victim'

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Requests for genetic testing and replys to each request for genetic testing;

Application of Acts and subordinate statutes to investigation reports (in the same case, the results of genetic appraisal in another case)

1. Article 7(4) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11047, Sep. 15, 2011; hereinafter the same shall apply), 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) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, who is ordered to disclose;

1. Grounds for sentencing prescribed in the main sentence of Article 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of punishment: Imprisonment with prison labor for a period of two years and six months to 15 years;

2. The range of recommendations according to the sentencing guidelines (determination of types of punishment), general standards, and rape (subject to at least 13 years of age) shall be type 2.