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(영문) 서울중앙지방법원 2018.08.29 2018고합205

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

On June 15, 2017, the Defendant: (a) had the Victim F (F) (hereinafter “E”), which was known through “E,” a mobile phone-rating lucing lucing lucing system on the D rooftop on the rooftop of the D Building, as soon as the Defendant’s sexual organ; and (b) had the Victim F (F), who was followed by the victim, who was able to wear his fingers inside the victim’s body, and who was followed by the victim, who was able to wear her breasts, and inserted her sexual organ into the part of the victim’s body.

Accordingly, the defendant has sexual intercourse with the victim under 13 years of age.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement of F recorded in the statement recorded CDs;

1. Stenographic records (two times in the statement of a victim);

1. A protocol concerning the examination of the police officer in G;

1. Application of Acts and subordinate statutes to photographs of victims;

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

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

1. A child exempted from an order of disclosure or notification may have the effect of preventing re-offending by the defendant even through the fact that the defendant has no record of criminal punishment for a sexual crime, the registration of personal information of the defendant, and taking lectures in treatment of sexual assault, under the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse (hereinafter referred

In full view of the fact that the defendant's age, occupation, family relationship, social relationship, the details and circumstances of the crime of this case, other benefits expected by the disclosure and notification order, the effect of crime prevention, disadvantage and anticipated side effects, etc., there are special circumstances that the disclosure and notification of the defendant's personal information should not be made.

[Determination]

1. Article 3 of the Addenda to the Act on the Protection of Juveniles against Sexual Abuse ( January 16, 2018), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant is the defendant).