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(영문) 광주지방법원 순천지원 2013.11.28 2013고합166

아동ㆍ청소년의성보호에관한법률위반(강간)

Text

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.

Reasons

Criminal facts

On June 2013, the Defendant sent clothes and cosmetics to the victim, who was a child or juvenile, following the introduction of the Defendant around 14:00 on June 2013, and then delivered clothes and cosmetics to the victim, but the victim did not receive contact with the Defendant. However, on August 22, 2013, the Defendant called the victim to return the said gifts to the victim, and returned the said gifts to the victim's house at around 14:00 on the same day.

On August 2, 2013, at around 14:15, the Defendant: (a) committed rape with the victim in a doscam in a doscam E, a place where the victim’s house is located; (b) was fluencing the victim’s arms by taking the victim’s arms in her hand, leaving the victim’s body over the floor; (c) was divided into the victim’s body with the victim’s body; and (d) forced the victim’s body to talk with the victim’s body; and (c) was flucated off the victim’s scam, and tried to rape the victim’s scam, but the victim attempted to have his fingerd with the Defendant’s finger and resisted the Defendant’s finger.

Summary of Evidence

Defendant’s legal statement

Article 7(6) and (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Etc. of Children and Juveniles from Sexual Abuse, where a conviction becomes final and conclusive on the facts constituting a crime subject to registration of personal information to be submitted under Article 42(1)1 of the Act on the Protection of Children and Juveniles from Sexual Abuse, and Article 62(1) of the Criminal Act on the Suspension of Execution of Sentence 3 of Article 55(1) of the Criminal Act (hereinafter referred to as the "Suspension of Sentence 62(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse) of the Probation Criminal Act, in cases where a conviction becomes final and conclusive on the facts constituting a crime subject to registration of personal information to be submitted under Article 42(1)1 of the Act on the Protection of Children and Juveniles from Sexual Abuse, since the defendant is obligated to submit personal information to the competent agency under Article 43 of the same Act.

The defendant has reasons for sentencing.