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(영문) 대구지방법원 의성지원 2014.04.29 2014고합2
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On August 2013, the Defendant knew that the victim D (W, 13 years of age), a juvenile who was aware of the police officer, was living in the Escoping room and was living in the Escoping room, and attempted to put the victim into the Defendant’s house by burning it in the F. F. Around August 2013, the Defendant parked the said vehicle in the front hole of the “H” located in the Escoping G in the G in the G in the G in the G in the G in the G in the G in the Mascoping seat of the vehicle, and attempted to rape the victim while working in the front seat of the vehicle.

Accordingly, the Defendant, at around 23:00 on the same day, tried to be off the clothes of the victim himself on the back seat while standing in a vehicle parked in the above air space with the victim, and the Defendant, despite resistance, such as putting the victim “I Ma.”, putting the victim’s clothes on her hand, and pushing the Defendant with her hand, she sexual intercourse once by putting the Defendant’s sexual organ out of panty and panty, after preventing the Defendant from resisting the victim’s hand, with the victim’s hand, and then inserting the panty, and inserting his panty and panty, and inserting the Defendant’s sexual organ on the part of the victim.

As a result, the defendant raped the victim who is a child or juvenile by assault.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing the recording of statements to D;

1. Article 7 (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse, which provides for relevant legal provisions concerning facts constituting an offense and Article 7 (1) of the same Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

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

1. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides community service or attend lectures;

1. Where a conviction is finalized against the criminal facts indicated in the judgment on the registration of personal information under Articles 49 (1) 1 and 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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