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(영문) 광주지방법원 2017.09.29 2017고합278

미성년자의제강간

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On July 14, 2016, the Defendant had sexual intercourse with the victim F (name, leisure, birth on March 2005, age 11) and the victim F (age, age 11) who had become aware of disability toilets for male disabled persons in Gwangju-gu, Seo-gu, Gwangju-gu through mobile phone E games around that time with sexual intercourses between the victim F and the victim under 13 years of age.

2. On August 2016, the Defendant, at around 14:00, had sexual intercourse with the victim under 13 years of age by comparing the victim with the Defendant’s house of 102 Dong-dong 1508, Seo-gu, Seo-gu, Gwangju, Seo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. The application of Acts and subordinate statutes of subparagraph (A) of A, internal photographs, and D, toilet photographs of a park;

1. Articles 305 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes against a minor as stated in paragraph (2) of the same Article, with a heavier punishment);

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 (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. A special circumstance in which a defendant may not disclose or notify personal information to the public, if he/she comprehensively takes into account the extent and expected side effects of the defendant's disadvantage due to an order to disclose or notify information, the preventive effect of a sexual crime subject to registration that may be achieved due to such order, the effect of preventing sexual crimes subject to registration, and the effect of protecting the victim from such sexual crime subject to registration, etc., as well as the fact that the defendant has no history of a sexual crime against the defendant;

The reason for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to twenty-two years; and

2. Application of the sentencing criteria;

(a) Basic crimes and concurrent crimes: General standards for sex crimes against minors;