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(영문) 수원지방법원 성남지원 2013.12.19 2013고합142
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of imprisonment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 7, 2013, at around 23:40, the Defendant called “E” restaurant operated by the Defendant in the Gyeonggi-si, Gwangju-si, for playing F, G and alcohol to the victim H (the age of 16), and performed the alcohol together with the victim.

The Defendant, around 02:00 on January 8, 2013, she took the victim at home, and entered the family room of the “K” her I SM5 vehicle with the victim under the influence of alcohol at around 03:00 on the same day.

While the Defendant was off the part of the victim’s underel, the Defendant had sexual intercourse once with the victim, stating that, although the victim was satisfing with a shoulder or mind at the bar of the victim, she would not make any proposal with the Defendant, she would take the satisf of the victim’s body and prevented the victim from resisting the victim by satisfing the victim’s arms, inserting the sexual organ into the part of the victim’s body, continuing resistance, and moving back the satisfing.” The Defendant had sexual intercourse with the victim once.

As a result, the Defendant committed rape against the victim H, who is a child or juvenile.

Summary of Evidence

1. Partial statement of a defendant (a statement to the effect that he/she has a sex relationship with a victim at the time and time of recording a crime);

1. Each legal statement of the witness H (victim), L, M, N, andO;

1. A copy of records of diagnosis and treatment of victims of sexual assault;

1. Details of consultation (Evidence No. 161 of the evidence record) with the knowledge of the Internet website, and photographs (Evidence No. 444 pages of the evidence record) with the NAV knowledge prepared by the victim;

1. Application of Acts and subordinate statutes concerning two copies of telephone recording CDs and recording records;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for affirmative judgment among the following grounds):

1. Article 62 (1) of the Criminal Act (The following grounds for sentencing)

1. Probation or order to attend a course;

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