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(영문) 대전지방법원 천안지원 2013.11.06 2013고합183
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

Defendant

A Imprisonment of three years and six months, and Defendant B shall be punished by imprisonment of one year and six months, respectively.

The defendants are 40 hours each time.

Reasons

Punishment of the crime

1. Defendant B: (a) around 08:00 on March 1, 2013, around 08:40, the Defendant: (b) took the victim E (the 14 years old) (the friendly arrest of the Defendant) who became aware of the Defendant’s her her her her her her her her her her her her her her her, her her her her her her, and her her her her her her her her, and performed her her her her her her her her her her her her, while under the influence of her her her her her her

Accordingly, the Defendant, under the influence of alcohol, committed an indecent act against a child victim who is in a state of her ability to resist.

2. Defendant A, at the time and place stated in the above Paragraph 1 above, had the victim drink with the above body, and had the victim drink with alcohol, and had the victim resist with the victim under the influence of alcohol, and had the victim sexual intercourse with the victim by inserting the Defendant’s sexual organ into the victim’s sexual organ during which he was exempted from clothes.

Accordingly, the Defendant, under the influence of alcohol, has sexual intercourse with a child victim who is in a state of her ability to resist.

Summary of Evidence

1. Defendants’ respective legal statements

1. The statements made by the police video CDs with respect to E;

1. Each statement made by the police officer in relation to F, G, and H;

1. Application of each of the visual Acts and subordinate statutes to text messages, photographs and photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: 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;

(b) Defendant B: Article 7(4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. An order to complete a program under Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 38 (1) and Article 38-2 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be eligible for children and juveniles exempted from such order;

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