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(영문) 울산지방법원 2016.02.18 2015고합263
아동ㆍ청소년의성보호에관한법률위반(준강간)
Text

A defendant shall be punished by imprisonment for three years.

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 February 5, 2015, the Defendant: (a) around 04:00, in Yangsan-si, in a non-fluorial guest room located in CD Maurho Lake, (b) in the latter E, E, women-friendly job offers victim F (the age of 16), in the victim’s name and non-consceptor; (c) in the victim’s child-consort with the victim’s child-consort with the victim’s child-consort with the victim’s child-consort with the victim’s child-consort with the victim’s child-consort with the victim’s child-consort with the victim’s child-consort with the victim’s child-cons

Along with the fact that the victim was locked by entering the next guest room, while under the influence of alcohol, the victim was faced with his arms by saving the victim, and the victim was broken down, but the victim was aware that he was her male-friendly arrest.

Since then, the defendant put his hand into the brogate of the victim so that the victim is shouldered by the knife and deducted the defendant's hand, kid by the victim's leash, and knife the knife of the victim's body, knife the knife of the victim's knife, and knife the victim's knife with knife by hand, and inserted the victim's knife into the victim's sexual organ under the influence of alcohol.

Accordingly, the defendant, by force, has sexual intercourse with a child or juvenile victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and E;

1. Relevant legal provisions and Articles 7 (5) and 7 (1) of the Act on the Protection of Juveniles against Sexual Abuse against Children and the Selection of Imprisonment with prison labor for a limited term (a significant point between the power of juveniles and the choice of imprisonment with prison labor for a limited term

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection and Observation of Children and the Protection of Juveniles against Sexual Abuse;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the first offender and mistake) are exempted from the disclosure order and notification order;

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