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(영문) 대전지방법원 천안지원 2019.09.18 2019고합104
아동ㆍ청소년의성보호에관한법률위반(강간)
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 7, 2018, at around 05:00, the Defendant demanded that the victim B (name, fel, 18 years of age) who was known to ordinary 05:00 to go to the Dong-gu Seoul Metropolitan City Mandong-gu Mandong-gu Manan, but the victim refused it, thereby getting the victim's body and getting the victim back to the above Mandong-gu.

After that, the Defendant: (a) stated that the Defendant was unable to place the victim’s two shoulders on the part of the victim on a burgical hand so that he did not cross the victim’s body on the burgical hand; and (b) did not have the victim’s clothes off on the part of the victim, she attempted to have the victim off his body; (c) however, she did not have the victim’s clothes off on the wind, she was so sound that the victim would not “I dur.

Nevertheless, the Defendant tried to engage in sexual intercourse with the victim by continuously putting the sexual organ that was exposed to the victim's body on the part of the victim, putting the finger in the part of the victim's clothes, etc. When the victim puts his/her hand and her hand, resulting in the victim's resistance, and preventing him/her from getting his/her hand on his/her hand, thereby attempting to engage in sexual intercourse with the victim again, but the victim failed to bring his/her body on his/her wind.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Investigation report (field investigation, etc.);

1. The application of Acts and subordinate statutes to photographs (investigative records 72 pages);

1. Article 7 (6) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Imprisonment for a limited term concerning 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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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