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(영문) 인천지방법원 2013.04.26 2013고합120
아동ㆍ청소년의성보호에관한법률위반(준강간등)
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 18, 2012, at around 05:00, the Defendant, at the Defendant’s residence of the Nam-gu Incheon Metropolitan City D and 101, carried out games together with F, who was aware of the friendship E, the peace and peace, and the victim G (the age of 17), who was under drinking, and the victim was under drinking, her sexual intercourse once with the victim, who was a juvenile under the influence of drinking, was discharged from the breath, the victim was breath, the victim was breath, and the victim was breath, and the victim was under the influence of drinking, and was under the influence of drinking.

Summary of Evidence

1. The defendant's partial statement in court (recognition of gender-related facts);

1. Each legal statement of witness G and F;

1. The first prosecutor examination protocol against the accused;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement concerning F;

1. Application of the Kakao Stockholm statutes

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 criminal facts;

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. Social service order under Article 62-2 of the Criminal Act;

1. The main sentence of Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of all the circumstances such as the details of the instant crime, the Defendant’s age, living environment, the risk of recidivism (not less than a suspended sentence of imprisonment) and the profits and preventive effects expected due to the instant disclosure order or notification order, the disadvantages and side effects therefrom, etc., the Defendant who registered personal information is found to be under special circumstances that may not disclose or notify the Defendant’s personal information, and where a conviction is finalized against the instant criminal facts, the Defendant is subject to registration of personal information pursuant to Article 33(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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