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(영문) 광주지방법원 순천지원 2015.10.15 2015고합76

아동ㆍ청소년의성보호에관한법률위반(준강간)

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A defendant shall be punished by imprisonment for two years.

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

1. On July 1, 2014, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (rape-rape) against the victim C was able to drink the friendly appearance F, G, and the victim C (V, 16 years of age) at the main point of “E” located on the second floor of the D shopping mall at a female time, while drinking the alcohol, and the victim was unable to get the body under the influence of alcohol, and the victim was her house at the time of drinking 105 Dong 402.

At around 04:00 on the same day, the Defendant exceeded the lower part of the victim by taking advantage of the fact that the Defendant was diving on the Defendant’s bed against the Defendant’s bed against the Defendant’s bed against the Defendant’s bed against the Defendant’s bed against, and had sexual intercourse once with the juvenile.

2. On February 20, 2015, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse against the victim I: (a) on February 20, 2015; (b) on February 20, 2015, the Defendant: (c) on the part of the victim I (mar, 14 years old); (d) on the part of the victim, while drinking alcohol together with L, he/she saw the victim who was under a telephone and went out of the toilet; and (d) on the part of the victim, he/she saws the victim’s chest by her hand; (d) on the part of the victim; (e) on the part of the victim, he/she was immediately off his/her clothes; and (e) continued to have sexual intercourse with another victim with the victim’s body above the victim’s body.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and I

1. 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 relevant criminal facts;

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (the defendant is recognized as a juvenile in view of its characteristics, since he/she is recognized as a juvenile in view of its characteristics);

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. The reasons for sentencing under Article 62(1) of the Criminal Act and Article 60(3) of the Juvenile Act are favorable.