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(영문) 수원지방법원 2019.01.31 2018고합473
미성년자의제강간등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Child Welfare Act (hereinafter “Child Welfare Act”) was transmitted by the victim’s balone photo on several occasions by requesting the victim to send the Defendant’s sexual balone photo while holding the Defendant’s balone (one-year age), while holding the Defendant’s house located in Drheat E in spring around springing around 2017, with the victim F (one-year age), which was known through games, while sending the Defendant’s sexual balone photo.

As a result, the Defendant committed sexual abuse such as sexual harassment that causes a sense of sexual humiliation to children.

2. On January 2017, the Defendant: (a) had the victim prompt the Defendant’s sexual organ in H Park G in Jung-gu, Incheon, Jung-gu; (b) had the victim prompt the Defendant’s sexual organ; and (c) had sexual intercourse with the victim.

Accordingly, the defendant has sexual intercourse with the victim under 13 years of age.

3. Around September 2, 2017, the Defendant requested the victim to promptly grow the Defendant’s sexual organ at the above playground, and put the Defendant’s sexual organ in the victim’s entrance.

Accordingly, the defendant put his sexual organ into the mouth of the victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records of statements made in F;

1. Records of seizure and the list of seizure;

1. A report on the analysis of digital evidence;

1. Application of Acts and subordinate statutes to report internal investigation (a suspect who is extracted from a cell phone of the victim and the content of conversation);

1. Relevant Article 305 of the Criminal Act, Articles 297 of the Criminal Act, Articles 305 and 297 of the Criminal Act, Article 297-2 of the Criminal Act, Article 71 (1) 1-2 and subparagraph 2 of Article 17 of the Child Welfare Act (the occupation of sexual abuse against a child and the choice of imprisonment);

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes (Aggravation of concurrent crimes with punishment determined for the crime of deemed rape of a minor with the largest punishment);

1. Discretionary mitigation of punishment Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) 1.

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