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(영문) 수원지방법원 2013.10.24 2013고합456

아동ㆍ청소년의성보호에관한법률위반(강간등)

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 June 8, 2013, the Defendant, at around 23:21, 201, drinked with the Victim G (V, 15 years of age) who was first aware of the date from E, F, and F of the D Building 307 E E at E-gu, Suwon-si, Suwon-si, Suwon-si, to E, and the same month.

9. Between 02:35 and 03:30, E and F left with the victim at the same place where tobacco was cut out, the victim who was in scambling her part of the victim was exempted from the victim’s her part of the victim, and the victim said her part of the victim’s her part of the victim’s her part of the victim who was her part of the victim’s her part of the victim’s her part and prevented the victim from her part of the victim’s her part of the victim’s her part of the her part of the body, and

Accordingly, the defendant, by force, has sexual intercourse with the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police suspect interrogation records of the accused;

1. Each prosecutor's office statement concerning H and G;

1. The police statement concerning G;

1. Recording records of G (No. 13 of the evidence list);

1. The statement of the accused (No. 5)

1. A G statement (No. 2 of the evidence list);

1. Application of Acts and subordinate statutes to a report on investigation ( CCTV images of a D building), a report on investigation (suspect AKakao Stockholm), and counseling in the case of G sexual assault (Evidence No. 4, 7, 17);

1. Article 7(5) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) on criminal facts

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration of favorable circumstances, etc. among the reasons for sentencing);

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 21 (2), Article 21 (4) and (9) of the same Act, Article 59 of the Act on Probation, Etc.;

1. The main sentence of Article 38 (1) 1 and Article 38 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38-2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, for which a notification order is issued;