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(영문) 서울남부지방법원 2015.10.08 2015고합289
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

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

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

Reasons

Punishment of the crime

From April 2014, the Defendant is a space between Yangcheon-gu Seoul and the mother E of the victim D (a person, a woman, 17 years of age) in Yangcheon-gu Seoul.

On July 19, 2015, around 03:30 on July 19, 2015, the Defendant: (a) kisked a victim who was divingd in the room of the victim in the above residence; (b) kisked the victim’s chest by his hand; (c) kisked the victim’s chest by entering the victim; and (d) kiscing the body of the victim to refuse to do so; (b) kisk the victim’s body; (c) kiscing the victim’s resistance against the victim; and (d) kisced the victim’s panty and panty in the nature of the victim.

The Defendant continued to go up with the victim's chests and negatives as soon as possible, and closed back the victim's body by inserting his sexual flag into and from several times with bucks between the victim's bucks located above the victim's body, and the victim tried to insert his sexual organ into and out of the victim's body, and the victim failed to bring his body into and resist his body and to bring him out outside the door.

As a result, the Defendant attempted to rape a child or juvenile victim and attempted to commit rape.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. The content of the Kakao Stockholm messages, and the application of statutes governing victim photographs;

1. Article 7 (6) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, concerning the relevant criminal facts and the choice of punishment;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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

1. The sentencing criteria shall not apply inasmuch as rapes committed in the judgment on the grounds of sentencing Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse committed an attempted rape.

2. The crime of this case committed with the mother of the victim is committed with the mind that the defendant living together with the mother of the victim will rape the victim, and the chest and a part of the victim's chest.

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