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(영문) 대구지방법원 경주지원 2015.11.13 2015고합24
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

Defendant

In addition, around 20:00 on October 19, 2014, the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") sent a female female-friendly female-child job victim G (n, e.g., 15 years of age) to the same her female to the same her “Hel” in the same Dong, while the F was not residing in the said her mother.

After entering the above telecom 208, the Defendant was able to rape the victim, and was able to put the victim’s arms in the entrance with his own hand, and put the female into the bed from the bed.

The Defendant, who was on the part of the victim, took part in the body of the female on the part of the victim with the arms and legs, took a bath against the female, etc., so that the female could not be resisted, and had sexual intercourse once with the female.

As a result, the defendant raped the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the prosecutor's statement concerning G;

1. Article 7 (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse, which provides for relevant legal provisions concerning facts constituting an offense and Article 7 (1) of the same Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides community service or attend lectures;

1. In full view of the following circumstances: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., age, family environment, social ties, criminal records, other profits and preventive effects expected by the instant disclosure order or notification order; and (b) disadvantages and side effects therefrom, the Defendant’s personal information shall not be disclosed or notified.

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