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(영문) 대구지방법원 상주지원 2013.10.31 2013고합20
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
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

Around 05:00 on August 10, 2013, the Defendant had sexual intercourse with the victim E (the 16-year-old age) under the influence of drinking together with drinking at a nearby drinking room 202, which is located in C, with drinking alcohol at a nearby drinking room on August 10, 2013, where he was placed in the said telecom, was placed at the said telecom, was placed in a place where he would have sexual intercourse with the victim, and was compelled to have sexual intercourse with the victim, despite the victim's refusal to put the victim's seat, and the victim was forced to have the victim's finger and clothes off, and had the victim's hand added his sexual organ into the drinking part of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. The statement of the victim recorded in the video CD;

1. Application of the video Acts and subordinate statutes to the CCTV photographs;

1. Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, whichever is applicable to the crime and Article 7 (5) and (1) of the same Act;

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

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The elements to mitigate the crimes of this case under Article 49(1)1 and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 7(1)2 of the Act on the Lapse, etc. of Punishment of Children and Juveniles against Sexual Abuse, Article 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of applicable sentences under law] from 2 years and 6 months to 15 years [the scope of applicable sentences under law] from 2 years and 15 years [the decision of types] from 13 years to 13 years from 2 years from 2 years and 6 years from 15 years from the sexual crime group [the person subject to special punishment]: The mitigated area of punishment [the scope of recommended punishment], 3 years to 5 years and 6 months from 3 years [the decision of sentence], 2 years and 4 years from 2 years from 3 years and 5 years from 4 years from the suspended sentence should be strictly punished for the defendant.

However, the crime of this case is out of the minor.

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