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(영문) 광주지방법원 2017.05.12 2017고합97
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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 September 24, 2016, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, arrived at the parking lot for the mutual influent mother in the Nam-gu Southern-gu, Gwangju, where he/she takes a friendly job offer C and 17 years old as well as the victim D (name, leisure, 17 years old) on September 24, 2016.

Defendant 1 sent the above telecom to the above telecom room, and then, Defendant 1 sent the above telecom room to the above telecom room, and the victim who was parked at the rear seat of the above K5 passenger car parked in the above telecom parking lot, was able to hold the victim on the shoulderer’s chest, and was placed on the part of the victim on the part of his mother, and was able to take the victim on the part of his body.

Raped the juvenile victim by putting off the victim's panty and panty, inserting the defendant's sexual organ into the part of the victim and inserting it into the part of the victim's sexual organ once.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) on the same day, around 04:00, driven the said K5-car without obtaining a driver’s license, by a approximately three kilometer distance from the time to the largest distance prior to the Gwangju National University located in Jin-dong, Nam-gu, Gwangju National University, located in Jin-gu, Nam-gu, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Each response to a request for appraisal;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of a child or juvenile rape and imprisonment with prison labor for a limited term), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the occupation of driving without a license and the choice of imprisonment with prison labor);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall be made within the extent that the sum of the long-term punishments of the crimes specified for the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, with heavier punishment, is aggregated);

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. An order to attend a course;

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