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(영문) 수원지방법원 2017.06.09 2017고합120

아동ㆍ청소년의성보호에관한법률위반(준강간)

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the difference between the victim C (n, 16 years of age) and the E gas station in Suwon-si D, Suwon-si, and he became aware of in the course of part-time service.

On January 1, 2017, around 23:30, the Defendant, along with F, and the victim, engaged in Lice in the instant E gas station, went to Jsing room located in I, such as F, and the victim, after drinking alcohol on the way in front of the G H convenience store in Suwon-gu G apartment site in Suwon-si.

On January 2, 2017, the Defendant: (a) 01:30, at the Jsing room in Suwon-si I 2, 2017, returned home with F and her singing first with F; and (b) her singing out, the Defendant was able to commit rape by reporting the victim who lost his mind under the influence of alcohol and who was diving on a sofacsing so that he would have her desire to commit rape.

The Defendant laid his hand into the clothes of the victim, bucked the chest of the victim, taken off the victim from walking, and left the victim's right chest, brought the victim's right chest into the victim, and got the victim's spanty and panty to the buckbuck, and had sexual intercourse once.

Accordingly, the defendant has sexual intercourse with a child or juvenile by taking advantage of the victim's mental or physical loss, or the impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by each prosecutor with respect to C and F;

1. Application of Acts and subordinate statutes to each gene appraisal document;

1. Relevant Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 suspended execution;

1. Article 62-2 (1) and (3) of the Criminal Act concerning the order to provide community service;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The exemption from disclosure order and notification order under Article 49(1) proviso and the proviso of Article 50(1) proviso of the Act on the Protection of Juveniles against Sexual Abuse (the defendant recognized the crime of this case, and against the wrongness of the defendant, and the defendant.