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(영문) 수원지방법원 평택지원 2013.08.07 2013고합75
아동ㆍ청소년의성보호에관한법률위반(준강간등)
Text

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

The defendant's information about the defendant shall be made through an information and communications network for four years.

Reasons

Punishment of the crime

On June 10, 2012, the Defendant stated that “I am at one’s own house unless I am at 15 years of age” to the Victim C (V), who was released from the game, “I am at one’s own house unless I am at one’s own residence,” and then, I am at the time when I am with the victim, including the victim, and I am at one’s own residence, and when I am at one’s own house, I am at the time when I am in the game mixed with the beer with the beer.

The Defendant, around the same day, her being drunkd by the application of penal provisions, and her being frighted by the victim, was forced to resist, and the victim was forced to resist, and her chest was cut off, and her chest was cut off by her hands, and her chest was cut off by her chest and panty, and had sexual intercourse once with the victim by inserting his her sexual organ into the negative part of the victim.

Accordingly, the defendant has sexual intercourse with a female juvenile who is unable to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the supplementary statement of the complainant and the statement of the complainant (two times);

1. Application of the video CD-related Acts and subordinate statutes;

1. Article 7(4) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Article 299 of the Criminal Act concerning criminal facts

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The main sentence of Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom an order to disclose is issued;

1. Where a conviction of the instant criminal facts subject to registration under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Registration of Personal Information under Article 38-2 (1) 1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse, for which a notification order is issued, becomes final and conclusive, the Defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the aforesaid Act and is obligated to submit personal information to

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Application of the sentencing criteria.

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