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(영문) 울산지방법원 2013.05.24 2013고합53

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

The Defendant, the mother of the Victim D (Min, 14 years old), was dead, and was temporarily living together with E for about six years, and the victim was willing to have sexual intercourse with the victim by taking advantage of the fact that it is difficult for the Defendant to receive the horses due to the concern about the relationship between the Defendant and the mother.

At around 14:30 on March 3, 2013, the Defendant kept thrhum in the victim’s clothes and pansty, left the victim’s body and pansty by inserting the victim’s sexual organ into the victim’s sound part during viewing TV at the victim’s room 303, the house of the said victim’s house, Ulsan-gu, U.S., U.S. 303, where the victim was locked, and the victim was refusing to view TV with the victim. However, the Defendant continued to keep the victim’s humthy, hump in the victim’s clothes and pans, and humd off the victim’s body and humd up the victim’s body, and had sexual intercourse once with the victim’s sexual organ into the victim’s sound part.

Accordingly, the defendant, by force, has sexual intercourse with a juvenile victim.

Summary of Evidence

1. Defendant's legal statement;

1. A video recording consent form - A video recording CD;

1. Records of statements;

1. Application of Acts and subordinate statutes to report on investigation (victim mobile phone content);

1. Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant 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 on the suspension of execution;

1. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 13(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse [decision of a sentence] The reason for sentencing under Article 13(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the decision of a sentence] sexual crime group, rape (subject to the age of 13 or more), and Type 2 (compactation of force against juveniles) (special mitigation] uses deceptive means and force, other than assault and intimidation, the mitigated area of punishment [the recommended area] mitigated area (the person under general supervision], and the use of personal trust relation