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(영문) 부산지방법원 2014.10.10 2014고합122
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
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

On February 2, 2013, the Defendant’s “F” in the indictment in the Flue-gu Busan Franc is obvious that it is a clerical error in the “C”, and thus, correct it.

At the defendant's home, the victim E (n, 13 years of age) of the female-friendly job offering victim E (n, 13 years of age) was able to look at TV, and the rest of the victim, despite the victim's refusal to be sealed, the victim was forced to have sexual intercourse with panty and sexual intercourse with the victim who was sexual intercourse with the victim one time by force.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of each police protocol of statement to E and G;

1. Article 7 (5) 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) concerning the relevant criminal facts and the selection of punishment for imprisonment;

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 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing, in full view of the circumstances favorable to the reasons for sentencing, such as the absence of records of sex offenses, etc., and the circumstances leading up to the instant crime, etc., of the former Act on the Protection of Children and Juveniles against Sexual Abuse, which are exempted from disclosure and notification order (see, e.g., Supreme Court Decision 200Do4148, Apr. 2, 2008).

1. Imprisonment with prison labor for a period of two years and six months to fifteen years;

2. Determination of the range of recommendations -

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