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
On September 19, 2013, the Defendant, at around 22:05, at the room of the defendant's house located in the frontwest-gun of North Korea, she laid the victim D (the victim D, 17 years of age) up to the inside, and induced the victim to forced rape, and she was able to use the victim by her arms, she was placed on the bed, so she was unable to resist the victim, she was unable to resist, and she was sexual intercourse with the victim by her chest and sexual intercourse with the victim by her hand, but she was unable to resist the victim by resisting the victim's body and resisting the victim's body.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes for reporting internal accidents;
1. Article 7(6) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse as to the crime
1. Articles 25 (2) and 55 (1) 3 of the Criminal Act for statutory mitigation;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Article 21(2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse
1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse: In full view of the Defendant’s age, occupation, family environment, social ties, criminal records, and the risk of recidivism (no sex crime record) recognized as recorded, the benefits and preventive effects expected from the disclosure order or notification order of this case, and disadvantages and side effects therefrom, it is determined that there is a special circumstance that the disclosure or notification of the Defendant’s personal information may not be made (see Supreme Court Decision 2011Do14676, Jan. 27, 2012). In a case where a conviction becomes final and conclusive with respect to the crime indicated in the judgment on the registration of personal information, the Defendant constitutes a person subject to registration of personal information, and thus, the submission of personal information to the competent authority pursuant to Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.