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(영문) 청주지방법원 2014.01.24 2013고합207
아동ㆍ청소년의성보호에관한법률위반(강간등)
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A defendant shall be punished by imprisonment for two years.

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

The defendant was aware of the victim D (M, 16 years old at the time) in around 2011 when he was in the second year of C, and was rejected after he was dead with a sense of care for the victim.

On September 9, 2011, at around 07:30, the Defendant: (a) on the fifth floor toilet of the F building located in Jincheon-gun, Jincheon-gun, Jincheon-gun, the Defendant: (b) reported the victim D (16 years old) who was smoking tobacco out of the toilet; (c) kiddd the victim following the victim by sexual desire to commit an indecent act; (d) the victim kids itself; (e) kids the victim’s kids, kids, and back back to the back; (e) knifs knifs knifs knifs knifs knifs knifs knifs knifs, and knifs knifs knifs knifs knifs the victim’s head and knifs knifs knifs knif.

Accordingly, the defendant put the sexual organ into the mouth of the juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A criminal investigation report (to attach message between a suspect and a victim);

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 7(5) and (2)1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) on criminal facts

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); and the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months from 15 years to 15 years;

2. The sentencing criteria; and

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