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(영문) 창원지방법원 진주지원 2014.04.24 2013고합124
아동ㆍ청소년의성보호에관한법률위반(준강간등)
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

The defendant put a letter into the Republic of Korea that he would immediately enter the military forces, and E (the age of 16) who was known to the defendant and the defendant, had a contact with the defendant, reported the above writing, followed the victim F (the age of 13) (the age of 16) who was sexually known to the defendant, followed the defendant to a place where he was committed, and introduced the defendant into the Republic of Korea.

At around 07:00 on December 1, 2013, the Defendant continued to perform various drinking-making games, including a prompt term-based game, in which a person in the game with the victim and E should drink alcohol in penal provisions, and had the victim drink the alcohol by taking out the pre-determined alcoholic beverage and the immediately prepared alcoholic beverage to the victim, and had the victim refuse it.

The Defendant, while under the influence of alcohol, had been aware of the fact that the victim was locked from the floor, was able to rape the victim, and the victim, who was unable to resist due to her mental disorder mixed, was able to put his hand into the part of the victim, and got her chest into the part of the victim. The Defendant continued to attract the victim into the part of the victim, her panty, got out of the victim's panty and panty, and had sexual intercourse once with the victim.

Summary of Evidence

1. Each police statement made to I and J;

1. The statements of F or E contained in each video recording CD;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for taking into account the circumstances of the crime);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Matters concerning the protection of children and juveniles against sexual traffic exempted from disclosure orders and notification orders;

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