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(영문) 창원지방법원 2018.01.04 2017고합234
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 29, 2017, from around 17:10 to 17:50, the Defendant: (a) visited the victim D (one-year old-old-old-old-old-old-old-old-old-dong-old-dong-dong-dong 3) of a young-child victim D (one-year-old-old-old-old-old-old-old-old-old-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-

The Defendant is unable to divide the arms of the victim into those of the victim with the arms listed above the victim's body and prevent them from driving.

After preventing the victim from resisting the victim, the victim d., who was off the part of the victim, and attempted to rape by inserting his/her sexual organ into the part of the victim’s sound, but the victim did not commit an attempted crime by inserting his/her fingers into the part of the victim’s sound, inserting his/her fingers into the part of the victim’s own sexual organ, and making the victim’s entry into the part of the victim’s own sexual organ as soon as possible.

Accordingly, the defendant tried to rape the victim who is a child or juvenile, but was guilty of attempted rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Stenographic records with respect to D and video recorded CDs for victims;

1. 117 Application of the 117 Report Counseling and F message-related statutes;

1. Article 7 (6) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which are applicable to the crime, and Articles 7 (6) and (1) of the same Act;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., conditions favorable to the following grounds 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 and attend lectures;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, and Article 49(1) of the Act on the Protection of Juveniles against Sexual Abuse.

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