logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.06.09 2016고합543
미성년자의제강간등
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

1. On March 2015, the Defendant: (a) had sexual intercourse with the victim I (W, 12 years old); (b) had sexual intercourse with the victim I (W, 12 years old); and (c) had sexual intercourse with the G Singing practice place located in Daegu Suwon-gu F.

Accordingly, the defendant has sexual intercourse with a person under 13 years of age.

2. On April 2016, the Defendant taken a photograph of the victim’s sexual organ by using a telephone camera with a camera function at the place indicated in paragraph 1 around April 2016, as well as the victim’s sexual organ at the location of the victim’s sexual organ.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint filed by I;

1. Stenographic records;

1. Application of Acts and subordinate statutes to each internal investigation report and investigation report (to attach photographs of the victim's cell phone H, to attach photographs of the victim's cell phone H, and to attach a certified copy of the victim'

1. Relevant legal provisions of the Criminal Act and Articles 305 and 297 of the Criminal Act concerning the crime, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of using a camera and the choice of imprisonment with prison labor);

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment of concurrent crimes within the scope of the sum of the long-term punishments of the crimes concerning rape of minors heavier than the punishment)

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. 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 Defendant is still young and the primary offender).

arrow