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(영문) 창원지방법원 마산지원 2013.04.24 2012고합208

아동ㆍ청소년의성보호에관한법률위반(위계등간음)

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

Criminal facts

1. On July 2012, the Defendant: (a) in DVD rooms located on the 6th floor of the window of Changwon-si, Changwon-si, the Defendant: (b) had sexual intercourse three times in total with the victim, including the victim’s sexual organ inserted the Defendant’s sexual organ into the victim’s sexual organ and sexual intercourse with the victim’s E (in women, 15 years old); (c) met the victim’s chest; (d) the victim’s chest to leave the room; (e) the victim’s arms to leave the room; (e) the victim’s body was cut off; and (e) the victim’s arms to leave the room; and (e) the victim’s arms to remove from the floor by cutting the victim’s sexual organ into the victim’s sexual organ; and (e) had sexual intercourse with the victim by force on the same day.

2. The Defendant, at the same place as indicated in paragraph (1) on July 1, 2012, placed the victim’s arms on a shock, placed the victim’s arms on a shock, and placed the victim at the same time and place as indicated in paragraph (1) at the date not later than July 2012, and had the victim know about the fact of sexual intercourse with the victim’s school and its surrounding persons, and had the victim sexual intercourse with the child or juvenile, by force.

3. The Defendant, at the same place as indicated in paragraph (1) around August 26, 2012, left the victim’s clothes by placing the victim on a shock, and tried to engage in sexual intercourse while looking at adult movies from the face of sexual intercourse between men and women and attempting to engage in sexual intercourse. The Defendant refused to do so, and the victim, who was a child or juvenile, was sexual intercourse with the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the complaint and a copy of the self-written statement;

1. Application of the statutes governing copies of stenographic records;

1. Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, whichever is applicable to the relevant criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the following favorable sentencing grounds):

1. Article 62(1) of the Criminal Act (Consideration of sentencing favorable to the following) 1.