beta
(영문) 수원지방법원 성남지원 2015.10.08 2015고합167

아동ㆍ청소년의성보호에관한법률위반(강간)

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date of the final judgment.

Reasons

(2) On March 6, 2014, the Defendant, at the home of the Victim D (Inn, at the age of 17) who is a juvenile, Sungnam-gu Ctel 6**, Sungnam-gu, Sungnam-si, 2014, provided alcohol together with the Victim D (Inn, at the age of 17), and went home with the Victim’s her relatives, and went home with the Victim, was able to rape the Victim.

At around 01:30 on March 6, 2014, the Defendant, at the home of the above victim, kis on the victim’s kis, kids on the victim’s kis, kis on the part of the victim, and on the part of the victim, kis on the part of the victim, kis on the part of the victim’s shoulder, kis on the part of the victim, kis on the part of the victim, kis on the part of the victim, kis on the part of the victim, and kis on the part of the victim, and kis on the part of the victim’s body, kis on the part of the victim, and kis on the part of the victim’s body, w

Accordingly, the defendant raped the juvenile victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of the Acts and subordinate statutes to a criminal report (afusing a Kakakao text message to capture);

1. Article 7(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 12329, Jan. 21, 2014; Act No. 12329, Jul. 22, 2014);

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 62-2 (1) of the Criminal Act regarding community service order;

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

1. The Defendant’s criminal records, the background and patterns of the crime, circumstances after the crime, personal information registration, and taking lectures in sexual assault treatment courses, which are shown in the records of this case, appears to have an effect of preventing recidivism to a certain extent, and other disclosure orders.