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(영문) 대전지방법원 공주지원 2014.10.01 2013고합47
성폭력범죄의처벌등에관한특례법위반(특수강간)
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

The Defendant, along with his own later as C, conspiredd to engage in sexual intercourse with the victim D (the victim aged 15) by drinking alcohol to the juvenile victim D (the victim aged 15) by using the following force.

At around 17:00 on April 27, 201, the Defendant, along with C, had the victim take care of the victim by continuously exercising the right of beer and beer, as planned in advance, as C’s house located in the E building 203, and had C take care of the victim. After demanding the victim to turn on his job, the Defendant asked the victim to turn on his job, but refused to do so, was able to cause danger and injury to the victim, and was sexual intercourse with the victim.

Accordingly, the Defendant conspiredd with C to have sexual intercourse with the juvenile victim by force.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement made by witnesses D in the fourth trial records;

1. The prosecutor's statement concerning the F;

1. Application of Acts and subordinate statutes to the table of examination requests for appraisal (No. 16);

1. Article 7(5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11047, Sep. 15, 201); Articles 297 and 30 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. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides probation and community service order and attend lectures;

1. The circumstances leading up to the instant crime, age, occupation, family relationship, social ties, previous convictions, and the degree of risk of recidivism of children and juveniles exempt from disclosure and notification orders, as well as the order of disclosure or notification of this case.

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