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(영문) 대구지방법원 포항지원 2016.09.26 2016고합66
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 03:05 on July 21, 2016, the Defendant discovered the victim E (the age of 18) who left alone while drinking and drinking alcohol in the above pentthy in the north-gu Seoul metropolitan area as an employee of the “D” pension located in the pentthy C, and changed the victim to the above penty joint toilet.

In the above common toilets, Defendant 1: (a) was led to the victim; (b) did not turn the victim into the victim’s body; (c) took the body of the victim under the influence of alcohol on the side base; (d) took the victim’s panty; (c) took the victim’s panty; (d) took the victim’s panty; (e) took the victim’s panty; and (e) took the victim’s panty into the victim’s panty; and (e) prevented the victim from taking one hand against the victim’s neck, and (e) had sexual intercourse once by suppressing the victim’s resistance.

The Defendant continued to divide the shoulder of the victim into knee, knee, knee, and then sent the victim the victim with the phrase “as soon as possible, if known, knee,” and let the victim whose resistance is suppressiond enter the victim’s sexual flag as soon as possible.

As a result, the Defendant committed rape against a child or juvenile victim, and committed an act of inserting sexual intercourse into the victim's mouth by assault or intimidation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E (tentative name), F, G, H, I, and J;

1. Application of Acts and subordinate statutes to correspondences requested for appraisal;

1. Relevant legal provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the point of rape and the choice of imprisonment with labor), and Article 7 (2) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse (the point of similarity) concerning criminal facts;

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes prescribed for a violation of the Act on the Protection of Juveniles from Sexual Abuse, of which punishment is heavier, shall be aggravated);

1. The Criminal Act for mitigation of quantity;

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