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(영문) 대구지방법원 김천지원 2018.10.30 2018고합52
미성년자의제강간
Text

The punishment of the accused shall be three years of imprisonment.

However, the above sentence shall be executed for a period of five years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The facts constituting the crime and the facts constituting the cause of the attachment order [the defendant] The defendant and the person requesting the attachment order (hereinafter referred to as "the defendant") have connected the "C" using S7 portable telephone during the galloning process with the victim D (n, 10 years of age, 10 years of age) who is a minor and engaged in hosting with the victim D, while reducing the amount of money to the victim.

No. 30

On March 25, 2018, around 16:05 to 16:30, the Defendant: (a) met the victim who responded to the above proposal on the F Park in Gumi-si, Gumi-si; (b) demanded the victim to board G G chip car owned by the Defendant, and to wear the victim, and (c) stated the victim’s chest in the nearby camping village, as soon as the victim gets her chest in the above vehicle, and inserted the Defendant’s sexual flag into the part of the victim.

Accordingly, the defendant has sexual intercourse with a minor under 13 years of age.

[Fact of the ground for attachment order] The defendant should be subject to protection observation while suspending the execution of the sentence, and it is necessary to attach a location tracking electronic device to confirm whether the matters to be observed are implemented during the period of protection observation.

Summary of Evidence

1. The defendant's legal statement;

1. Stenographic records;

1. Investigation report (the result of a request for appraisal, such as attaching photographs of seized articles and emergency height of sexual assault against victims);

1. A protocol of seizure and a list of seizure;

1. A response to a request for appraisal and a gene appraisal report;

1. F CCTV CDs for crime prevention in the F Park, and video recording CDs made by victims;

1. The need for the attachment of an electronic tracking device during the period of protection observation: The evidence mentioned above, a reply to inquiry, such as criminal history, investigation report (Attachment of a copy of the past past court ruling by the suspect), investigation report prior to the request, and investigation report by this court as to the H mental health of this court, and the following facts: ① The circumstances stated in paragraphs (1) through (4) and other circumstances, including the defendant’s age, sex, family behavior, family relationship, growth process and environment, motive and background of the crime of this case, and the time and period expected to be needed to improve the character, character and perception of the

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