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(영문) 수원지방법원 여주지원 2014.05.15 2014고합12
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

A defendant shall be punished by imprisonment for two years.

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 October 201, the defendant, while drinking together with the victim E (at the time, 16 years of age) who is a juvenile at the G Middle School D secondary school site located in Gyeonggi-gun, Gyeonggi-gun, 201, was unable to get out of the part of the victim who was under the influence of alcohol while drinking together with the victim E (at the time, 16 years of age), and was unable to get out of the part of the victim who was under the influence of drinking at that place, the defendant collected the part of the victim at one time, such as "the victim's speech", "the face", booms the defendant, and pushed the defendant, but she continued to have the victim's fright and take out the part of the victim's chest, and tried to have the victim take out the part of the victim's chest by taking out the part of the victim's chest as soon as possible.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on prosecutor's statement to E;

1. Article 7(6) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11047, Sep. 15, 2011); Article 297 of the former Criminal Act (Amended by Act No. 11574, Dec. 18, 2012);

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

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. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), the main sentence of Article 21 (2) and (4) 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, which is exempt from disclosure and notification orders, shall be governed by Act No. 1158, Dec. 18, 2012.

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