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Reasons
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(영문) 수원지방법원 성남지원 2012.11.29 2012고합413
아동ㆍ청소년의성보호에관한법률위반(강간등)
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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

1. At around 17:30 on April 14, 2012, the Defendant: (a) visited the Defendant’s room in the D's dormitory located in Gwangju-si, Gwangju-si, the Defendant: (b) visited the Defendant’s home-based “E” with an Arabic access to the Internet-based “E”; and (c) visited the victim at the cover of “15 years of age, 2 women, 3, 14 years of age, 14 years of age, 14, 14 years of age, and 15 years of age, 22:30 on the same day, the Defendant tried to return the victim without any condition while communicating with the victim; and (d) 22:30 on the same day, the Defendant exceeded the victim’s body and was out of the victim’s body with the Defendant’s mind that the victim would be rape; and (d) was out of the victim’s body and the victim was out of the victim’s body and the victim’s body.

2. At around 03:00 on April 15, 2012, the Defendant, at the place of the above 1.1.m., 03:0, committed an attempted crime, where: (a) the Defendant, having the mind to rape the said victim; (b) had the victim’s body, and had the victim interfered with the victim’s chest and her body; and (c) had sexual intercourse with the victim by drinking the victim’s chest and her part; (d) had the victim’s her chest and her part, and (e) had the victim’s H, who was born from the back, did not go against the victim’s will to the wind.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. The police statement of H;

1. Investigation report (the case of response to the request for hydro-electronic analysis);

1. Application of Acts and subordinate statutes on site photographs;

1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 7 (6) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against criminal facts;

1. Of concurrent crimes, paragraph 1 of Article 37 of the Criminal Code, Article 38(1)2 and Article 50 of the Criminal Code is more severe.

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