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(영문) 수원지방법원 2020.09.03 2020고합286
유사강간
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 03:30 on November 2, 2019, the Defendant: (a) expressed the attitude of the victim B (the second, second, third, and third years of age) who was making telephone conversations on the street near the Sungdong-dong, Suwon-gu, Suwon-si, Suwon-si, Suwon-si; (b) led the victim’s hand to refuse to engage in sexual intercourse and to leave the place while disclosing that juvenile. At around 04:25, the Defendant led the victim, who was entering the building C, to enter the building to the third floor of the building; (c) stated that the victim was "I am, I am, I am, I am, I am soon, I am, I am, and I am the victim’s chest," and (d) stated that he was able to lead the victim to an organized life; and (d) added the victim’s resistance to the victim; and (d) added the victim’s chest to the victim’s chest as soon as possible; and (d) added the victim’s chest.

As a result, the defendant, by intimidation, committed an act of inserting sexual organ into the victim's mouth and an act of inserting fingers into the victim's sexual organ.

Summary of Evidence

1. The application of statutes on stenographic records and stenographic records to each police's written statement on the defendant's legal statement B (tentative name), investigation report (STV image data), investigation report (STV image data), investigation report (STV image data) to the CCTV images of D apartment buildings, to capture CCTV image data, to the extent that the CCTV image data is closed;

1. Article 7 (2) 1 and 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The Defendant’s age, occupation, and family environment that is exempt from the disclosure order and notification order has no identical power to the Defendant under the proviso of Article 49(1) and the proviso of Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019).

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