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(영문) 수원지방법원 성남지원 2018.02.22 2017고합300
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

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

Punishment of the crime

On November 2016, the Defendant became aware of the Victim E (the 14 years of age) through D, a smartphone, around November 2016. From around that time to January 2017, the Defendant contacted with D through D.

On January 2017, the Defendant, on the third floor of the F apartment apartment in the Hanam-si, Hanam-si, using telephone communications and Messenger, applied to the victim, “I am with tobacco, and throw away the Neman-gu if I do not have it.”

“After the victim’s booms the victim’s face with the victim, the victim’s booms the victim’s face with his/her hand, forced him/her to wear the victim’s face with his/her hand, booms the victim’s chests, booms the victim’s chests into the victim’s inner part, and booms the victim’s chests into the victim’s chests, but the victim booms the victim’s chests against the victim, but the victim resists the victim, “I am, I am..................” assaults the victim’s right shoulder one time in drinking, booms the victim’s hand into the victim’s inner part, booms the victim’s inner part, and booms the victim’s inner part, thereby preventing the victim from resisting the victim’s inner part due to drinking, and sexual intercourse with the victim’s sexual part, thereby making the victim off the victim’s inner part.

Summary of Evidence

1. Statement by the defendant in court;

1. Records and stenographic records of each police statement made to E;

1. Each police statement protocol with respect to G, H, I, J, K, and L;

1. Answers on results of digital evidence analysis;

1. Application of clothes photographs, field photographs, and Acts and subordinate statutes, which the injured person had taken at the time;

1. Relevant Article 7 of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape and Selection of organic imprisonment);

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (a defendant is deemed to be a juvenile in light of his/her characteristics, and thus, is deemed to be reasonable in light of his/her characteristics);

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the following sentencing grounds)

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