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(영문) 수원지방법원 2016.06.28 2016고합190
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant is a person in a de facto marital relationship with the victim D(n, 16 years of age) who is the father of the victim. The victim is a student in the second grade of high school with intellectual ability to communicate at the level of the sixth grade of elementary school.

Around 02:00 on April 4, 2016, the Defendant: (a) at the marina shop room run by the instant E, which was operated by the Defendant: (b) around 02:00, the Defendant took care of the victim by reporting the victim who was in contact with the victim; (b) resulting in his/her desire to take care of the victim; (c) put the victim into the victim’s inner part; (d) put the victim’s hand into the victim’s inner part; (e) put the victim’s fingers by taking advantage of the cres that the victim did not resist, and (e) put the victim’s fingers into the victim’s inner part; (e) forced the victim to keep the victim’s inner part; (e) forced the victim’s hand to leave the victim’s inner part; and (e) put the victim’s hand into the part of the victim’s inner part; and (e) put the victim’s hand into the victim’s inner part.

Accordingly, the Defendant committed a similar rape and indecent act against a juvenile by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by each prosecutor's office with respect to E and G;

1. Statement made by the police against D;

1. Investigation report (whether or not disability exists, such as victim's intellectual level), investigation report (as to the actual place of residence of the suspect);

1. Application of two Acts and subordinate statutes to video CDs;

1. Article 7 (5) and (2) 2 of the Act on the Protection of Juveniles against Sexual Abuse against the relevant legal professional child against criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. Where a conviction is finalized on the criminal facts of this case of sexual assault offenders who are subject to the registration of personal information under Article 21(2) main sentence and Article 21(4) of the Act on the Protection of Juveniles against Sexual Abuse against Children, the accused shall be subject to special cases on the punishment, etc. of sexual assault crimes.

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