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(영문) 의정부지방법원 2013.08.16 2013고합208
아동ㆍ청소년의성보호에관한법률위반(강간등)
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

Criminal facts

At around 15:45 on May 18, 2013, the Defendant divided the victim D (the age of 13) and talks with the Internet hosting from the defendant's house underground warehouse in the Guri-si, Guri-si, the defendant's home, and prevented the victim from getting out of the body of the victim with the mind that the victim would rape the defective victim who tried to go out of the warehouse.

Therefore, when the victim gets at the port while the defendant's fingers, he gets off the victim's arms, sponsed the victim's body with his left hand, pushed up the victim's body, pushed up the victim's body by pushed up the victim's body with his left hand, breaking it over the victim's body, suppressing the victim's resistance on the body of the victim's body, and sexual intercourse with the victim's body, thereby committing rape.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records (a statement damaged by D);

1. A list of records on medical treatment for victims of sexual assault and the results of examination for victims of sexual assault;

1. A report on the results of appraisal by the National Scientific Investigation Institute;

1. The application of each investigation report (as to the investigation of the cryp of soil and the cryp of fingers attached to the defendant's attachment, the investigation of the messages sent and received by the defendant and the victim, the investigation of the cryp of blood, etc. taken in the cryp of the victim's clothes, the attachment of the site photograph of the case, etc.);

1. Article 7(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012);

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable;

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

1. The Defendant has no record of criminal punishment for university students under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the fact that social ties are obvious, and the motive and method of committing the instant crime.

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