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(영문) 수원지방법원 2016.04.28 2016고합48
미성년자의제강간
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

Defendant

In addition, the person against whom the attachment order was requested (hereinafter referred to as the "defendant") is between the victim C (n, 12 years of age) and the victim, who was aware of it.

1. On August 8, 2015, the Defendant, at around 00:0, committed sexual intercourse by putting the victim’s sexual organ into the victim’s negative part after the victim’s sexual organ was inserted into the victim’s negative part of the victim’s sexual organ, by putting the victim’s desire while drinking alcohol together with the victim at a park located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, and allowing the victim to take a wall.

2. On September 1, 2015, the Defendant, at around 12:00, had sexual intercourse with the victim’s sexual organ inserted the victim’s sexual organ on the victim’s body by putting the victim’s sexual organ on the part of the victim’s body, by reporting that the victim was aware of his/her inner part, and by putting the victim’s sexual organ on the part of the victim’s body at around 12:0.

Accordingly, the defendant has sexual intercourse with the victim who is 12 years of age over two times.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Application of statutes governing stenographic records;

1. Articles 305 and 297 of the Criminal Act concerning the facts constituting the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. We examine the following circumstances: (a) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, and social ties; (b) the content, circumstances, and result of the instant crime; (c) the prevention of sexual assault crimes subject to registration that may be achieved due to the disclosure or notification order; and (d) the effect of protecting the victims of sexual crimes subject to registration; and (e) the degree of disadvantage and anticipated side effects, etc. of the Defendant’s entry

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