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(영문) 수원지방법원 안산지원 2012.11.09 2011고합246
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

At around 10:00 on June 12, 201, the Defendant discovered that the victim E (the victim, 13 years of age), the victim F (the victim, 13 years of age) was playing with two female-gus, and went to the victims under the influence of alcohol. The victims attempted to get off the Defendant from the arms angle, the victims' arms were frighted with a large sound, such as “the victim’s drinking,” and “the victim’s shoulder,” caused the victims to drink, and then brea the victim’s shoulder, she was fright up to 2:3 times, and she was frighted with the victim’s shoulder, and she was frighted with the victim’s shoulder, and she was frighted two times, and she was frightd with the victim’s shoulder.

Accordingly, the defendant committed indecent acts by force against the victims of juveniles.

Summary of Evidence

1. Statement made by witnesses G in the third protocol of trial;

1. Each statement of the E or F recorded in the victim video CD;

1. The application of Acts and subordinate statutes to one CD of 112 criminal reports, investigative reports (report on recording a 112-reported recording file), and 112-reported recording files;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act that stipulate the relevant Articles of the Act and the choice of punishment for the crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims E, of more severe punishment);

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

1. The main sentence of Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is ordered to disclose;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 38-2(1)1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The summary of the assertion is that the Defendant did not have any fact at the place indicated in the ruling at around 10:00 on June 12, 201, nor did the victims have any fact-finding.

2. The evidence presented as evidence of guilt prior to the judgment is based on the evidence.

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