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(영문) 인천지방법원 부천지원 2021.02.17 2020고합212
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

A 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 a period of three years from the date the judgment becomes final and conclusive.

Reasons

Punishment of the crime

D, which is the mother of the defendant's referred B and the victim C (the age of 15), was married in 2017, and the defendant became a simple busheshes with the victim.

On February 11, 2020, the Defendant: (a) around 01:30, the injured party of the E apartment building △△△△△△△△△, E-si, Simri, in a room where the injured party is living together with the above B and D, tried to enter the room where the injured party is living together with the above B and D, and (b) her hump to the injured party, and (c) her hump to the victim when her bucks the victim’s resistance; and (d) her hump to the victim’s resistance when her booms the victim’s

Accordingly, the defendant raped the victim who is a child or juvenile.

Summary of Evidence

1. Application of Acts and subordinate statutes to a criminal defendant's partial statement and photographic report on the investigation of family relationship certificate (attached to a written confirmation of counseling for the victim);

1. Article 7 of the Act on the Protection of Juveniles against Sexual Abuse and Article 7 of the Act on the Protection of Children and Juveniles against Sexual Abuse (Selection of Imprisonment with labor for a period of time);

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

1. It is anticipated that the effect of preventing re-offending can be expected to a certain extent only by taking the age, family environment, criminal record, risk of re-offending, registration of personal information of the accused, and lectures on treatment of sexual assault against the accused, exempted from an order of disclosure and notification, and the proviso to Articles 49 (1) and 50 (1) (proviso) of the Act on the Protection of Juveniles against Sexual Abuse;

In full view of all the circumstances such as the profits and preventive effects expected by an order of disclosure or notification, disadvantages and side effects of the defendant's personal information, there are special circumstances in which disclosure or notification of the defendant's personal information may not be made.

[Determination]

1. An order to restrict employment;

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