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(영문) 수원지방법원 평택지원 2013.05.15 2013고합46
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
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

Although the Defendant was an organization member of the Clean EPP, the past violence organization, the withdrawn at present, the Defendant stated that around March 14, 2013, at around 22:00, the Defendant sought female members who are able to engage in sexual intercourses with C and D without reporting their horses, and that C would be able to engage in sexual intercourses that may not arise from the back, and that C would have the victim E (the age of 15) play a different role from the start-up and walk-up, and had the victim do sexual intercourse with his own residence.

On March 15, 2013, at around 02:00, the Defendant moved to the victim and the victim's day-work F, G along with the aforementioned D driver's horse car on March 15, 2013, and moved to the victim from Pyeongtaek-si, H apartment house, which is the Defendant's house, as planned in C, D, and as planned in C, H apartment, which is the Defendant's house, and moved to the victim from Pyeongtaek-si, H apartment, 503 Dong 1104, which is one's residence.

The Defendant: (a) around 02:30 to 03:30 on the same day, with psychological declines in the above residential area, brought about the victim’s chests by inserting his/her right hand into the victim’s tyrts; (b) continued to “non-fringing”, her arms toward the victim’s own arms, cut off the victim’s pantying and pantying, cut off the victim’s pantying and pantying the victim’s sexual organ, added his/her sexual organ to the part of the victim’s sound, and had sexual intercourse once with the victim.

Accordingly, the defendant, by force, has sexual intercourse with a juvenile victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the prosecution against D or C;

1. The first police statement concerning E;

1. A complaint;

1. The application of Acts and subordinate statutes of each investigation report and investigation report;

1. Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act

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