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(영문) 서울서부지방법원 2016.07.14 2015고합339
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates an open space with the trade name “E” in the D market located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and the victim F (V, 16 years of age) is a person who was in shift with his mother from November 201 to February 2015.

On September 2012, the Defendant: (a) 23:00 above the end of the end of the year, and around 23:0, the Defendant got her own kis; (b) led the victim to a large cooling room where the victim and the two were faced with her arms, and (c) led the victim to a large cooling room where the victim she was deprived of her arms.

The Defendant: (a) conducted gambling on the floor of the cooling room; (b) knee and head of the victim laid down knee and laid off the clothes; (c) feled the victim’s knee and kne, and (d) feled the victim said that she was “non-feascing”, the Defendant, due to her force, laid off the victim’s knee and brue, pushed off the tension, pushed off the half arms and broke, pushed off all the rubber lines and panty lines, cut the chest by hand, and sexual intercourse once by inserting the sexual flag into the part of the victim.

Accordingly, the defendant, by force, has sexual intercourse with a child or juvenile victim.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Application of F’s statutory statement legislation;

1. Article 7(5) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) on criminal facts

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 38(1) and the proviso to Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1010, Mar. 1, 201);

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