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(영문) 대구지방법원 2013.05.10 2013고합94
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant is a person who is in the delivery service in C, operated by his father, of the defendant.

On February 28, 2013, around 15:10 on the 15:10 on the 15:10 on the 2013 North Korea, the Defendant returned to the Da apartment, and went through the victim E (the 13 years old), who is a juvenile being mixed, to report the rape, and followed the victim.

At around 15:15 on the same day, the defendant boarded the above apartment elevator with the victim, and the victim followed him from the mother floor.

When the victim enjoys the password of the apartment entrance, the defendant was unable to cut or reflect the voice of the victim so far as it is difficult for the victim to wear the gate.

The Defendant attempted to rape the victim with the stairs to prevent the victim from suffering, but the victim resisted with sound, etc., and escaped from the stairs.

Accordingly, the defendant tried to rape a juvenile victim, and did not commit an attempted rape.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigative reports (specific suspect, stophobs and uniforms and photographs worn at the time of committing the crime);

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

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., favorable circumstances as seen below):

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances, etc. as follows):

1. Article 62-2 of the Criminal Act, the main sentence of Article 13 (1) and Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive for the crime of this case, which is a sex offense against a child or juvenile who has registered personal information under Article 48(1)1 of the Criminal Act, the defendant shall be a child or juvenile.

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