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(영문) 울산지방법원 2015.05.22 2014고합373
아동ㆍ청소년의성보호에관한법률위반(강간)
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, in August 2013, 2013, took the victim D (the 15-year old age) from the North Eastern Zone of the New Walls in the middle of the year 2013 through the Eastern E, which is the second half of the year, and her friendly E with the victim, C, C, and C, her pro-friendly E, and her drinking together with the victim, etc. her drinking together with the victim, etc.

On August 2013, the Defendant, at the mid-to long-face hold room of the victim D (the 15-year old), who was under the influence of alcohol and was able to fill the finger by inserting his hand into the victim's upper part, and write off the breast. The victim refers to "ma", the Defendant's hand is tight back, and discharged the Defendant's hand back, c and E who was under the influence of alcohol out of the room, and discharged them out of the room with the Defendant's will and panty, intending to get the victim out of the victim's body and the victim out of the room immediately after getting the victim out of the room, and then getting off the victim's body and the victim out of the body of the victim's body and the victim out of the body of the victim's second part, and let the victim out of the body of the victim's body and the victim out the victim's second part of the body of the victim's second part, and let the victim out the victim's body and the victim out the body of the victim's body.

Accordingly, the defendant raped the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C, E, and D;

1. Application of Acts and subordinate statutes to criminal investigation reports (victim's DNA CD attachment/video recording statement summary);

1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of a limited term of punishment for the crime;

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. Suspension of execution has been repeated under the favorable circumstances among the reasons for sentencing under Article 62(1) of the Criminal Act.

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