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(영문) 수원지방법원 안산지원 2014.07.25 2014고합117

아동ㆍ청소년의성보호에관한법률위반(강간)

Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

At around 02:00 on February 22, 2014, the Defendant drinked alcoholic beverages in D’D, “C,” located in Suwon-si, Suwon-si, with E, F, Victim G (n, 17 years of age) and fing, together with the telecom, and found the telecom. In addition, F was the first defect in the home, E was taken into the house, and E was the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

At around 03:00 on the same day, the Defendant got off with the victim at the guest room of the above telecom, so long as the victim was her arms and the body of the victim was separated from that of the victim, the Defendant had sexual intercourse with the victim by putting off the victim’s will and panty, and inserting the Defendant’s sexual organ into the victim’s sexual organ.

As a result, the defendant raped the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement concerning G;

3. Application of Acts and subordinate statutes to written appraisal;

1. Article 7 (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse, which provides for relevant legal provisions concerning facts constituting an offense and Article 7 (1) of the same Act;

2. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (Juveniles) of the Juvenile Act mitigated by law;

3. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

4. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

5. The grounds for sentencing in the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, fall under the juveniles prescribed by the Juvenile Act, and the sentencing guidelines do not apply.

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. In this case, a decision of sentence is rendered, the victim who was a juvenile during the growth period of Korea, and was raped by the defendant for the first time on the day, and whose nature and criminality are not good.