아동ㆍ청소년의성보호에관한법률위반(강간)
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.
Punishment of the crime
The defendant became aware of the victim C(n, 16 years of age) and smartphone display, through hosting.
On October 2013, at around 18:00, the Defendant was in dialogue with the victim using the above hosting around the end of 18:00, and the victim said that he would be able to raise the Defendant, the Defendant was playing with the D Apartment 104 Dong 509, 104, which is his residence.
In addition, the Defendant sought to find the victim's house in order to keep the garment and fright, and gain access to the victim who is playing in his house. Therefore, even though the victim asked to do so and pusheded the Defendant's arms, the victim's hand, led the victim's room, kids, kids, and placed on the floor, kids, and kids the victim's body against the refusal to do so, the victim's body by force, kidsing the victim's path and panty, kising the victim's body, cutting off the victim's path and panty, and sexual intercourse with the victim by force by inserting his sexual organ into the quality.
Summary of Evidence
1. Partial statement of the defendant;
1. C’s legal statement;
1. Second-time protocol concerning the examination of the suspect against the accused;
1. The application of each Act and subordinate statutes requesting appraisal by the National Scientific Investigation Institute;
1. Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, concerning the relevant criminal facts and the choice of punishment;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);
1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);
1. Judgment on the assertion by the Defendant and his/her defense counsel under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse
1. The summary of the argument is the fact that the defendant has a two-time sexual relationship with the victim, but this is natural by agreement, or is not forced by force.
The victim first met the defendant, the circumstances leading up to the first sexual intercourse, and the circumstances leading up to the defendant's home after having the first sexual relationship, and the second.