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(영문) 전주지방법원 2013.09.12 2013고합102
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

1. The defendant shall be punished by imprisonment for two years;

2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant knew that the victim D (the age of 17) who was a juvenile who was aware of the introduction of the person, was married to the house outside the prison, and tried to find the victim exempted from the charge, and to rape the victim.

At around 09:00 on April 14, 2013, the Defendant found the victim's outer money located in Yansan-gu E and caused the victim to be exempted from water exemption that he had been in possession of in advance, on the part of the victim, by stating that "the brain cells have been broken and activated separately for width. There are many three people who drink."

As a result, the Defendant, in a state where the victim got out of the sofash, kidds the chest of the victim, kids the victim's chest with his creb, kyke and panty, and 2-3 times off the victim's sexual organ, and her sexual organ back to the victim's her mar, 4-5 parts of the victim's sexual organ were left into sexual intercourse, and did not proceed to the victim's attempted sexual intercourse, due to his her marbane, etc.

Accordingly, the defendant tried to rape a juvenile victim and attempted to commit rape.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records and records of sexual assault victims;

1. Application of the Acts and subordinate statutes to investigation report (related to requests for electronic appraisal and requests for appraisal of poisonous substance);

1. Article 7(6) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012);

1. Attempted mitigation of crimes under Articles 26 and 55 (1) 3 of the Criminal Act;

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

1. An order for disclosure and notification;

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