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(영문) 대구지방법원 2013.10.25 2013고합317
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

At around 17:00 on March 24, 2012, the Defendant: (a) committed sexual intercourse by inserting his arms and legs from the victim’s will and clothes in one hand, and inserting his sexual organ into another’s arms and legs while the victim D (the 17th age), who was known to the Defendant, was playing together with the Defendant’s bed, coming to a sudden impulse; (b) the victim’s chests were knifeed with the Defendant’s bed by hand; and (c) the Defendant’s arms and legs were divided into his arms and legs to the knife the knife and resisted victim’s knife with his arms and legs; and (d) the Defendant had sexual intercourse once by inserting the victim’s knife with the other hand.

Since then, the victim saw his hand as a cleaning agent in order to leave his house, and intending to get off the victim's boom, "one more defect", and exceeded the victim's boom, "I do not refuse to do so", and the victim was forced to leave the victim's brightness and clothes, and sitd above the victim's booms, and sexual intercourse once by inserting the sexual flag into the victim's bridge.

As above, the Defendant had sexual intercourse with a juvenile victim twice by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of each statute of appraisal;

1. Article 7(5) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012) regarding criminal facts (amended by Act No. 11572, Dec. 18, 201);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes with the punishment stipulated in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the imprisonment for the offense];

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., favorable circumstances as seen below):

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances, etc. as follows):

1. Where a judgment becomes final and conclusive on the registration of personal information under Article 62-2 of the Criminal Act and Article 21 (2), (3), and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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