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(영문) 대구지방법원 경주지원 2021.01.14 2020고합55
미성년자의제강간
Text

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

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

Reasons

Punishment of the crime

No person aged 19 or older shall engage in sexual intercourse with, or commit an indecent act against, a person aged between 13 and 16.

On June 21, 2020, the Defendant promised to talk with the victim B (name, leisure, 15 years old) through the “Kakao Stockholm Opening Service” around June 21, 2020.

At around 19:00 on the same day, the Defendant driven a rocketing car, and met with the victim and his friendship with the victim at the time of distribution, and moved the victim and the above to the south-gu Do D at the time of port by burning the car.

At the guest room in the above telecom, the Defendant placed the shower with the victim and placed the victim who is the body of his body on the bed, and had sexual intercourse once by inserting the Defendant’s sexual organ into the sexual organ of the victimized person, while the Defendant and the victim are sitting at the above guest room and reporting the victim.

Accordingly, the defendant, despite being 19 years of age or older, has sexual intercourse with the victim between 13 and 16 years of age.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement B (tentative name) recording recording of the statement to report internal investigation (personal information of the person suspected of being suspected) B (tentative name) to the damaged place, pictures and investigation report (specific telecoming in the place of crime);

1. Articles 305(2) and 297 of the Criminal Act regarding criminal facts and Articles 53 and 55(1)3 of the same Act concerning mitigation of small amount of punishment (see, e.g., the following grounds for sentencing)

1. The main text of Article 62(1) of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Suspension of Execution (hereinafter “the grounds for sentencing”)

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Persons with Disabilities Act, which is an employment-restricted order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant's identity);

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