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(영문) 춘천지방법원 강릉지원 2018.10.18 2018고합42
아동ㆍ청소년의성보호에관한법률위반(준강간)
Text

A defendant shall be punished by imprisonment for not less than two years 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

The defendant is between C and C, and the victim D (the family name, the female, the age of 18) who is a child or juvenile is a person who is a post-school of C.

The Defendant, at around 07:50 on December 26, 2017, c, the victim and the victim’s male friendly arrest F, are under the influence of alcohol, and the Defendant, while drinking alcohol together with the victim’s male friendly arrest F, put the knife into the right side of the victim, put the knife by inserting the knife into the victim’s knife, gather the knife several times by gathering the knife into the back side of the victim’s knife, knife the knife, and knife the knife into the back side of the victim’s knife. However, the Defendant attempted to have the knife into the part of the victim’s knife.

The state of F was attempted by identifying the state of F's hand.

As a result, the Defendant attempted to have sexual intercourse with a child or juvenile in a state of imprisonment, which was under the influence of alcohol, but was attempted.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each police statement with respect to C and F;

1. Application of Acts and subordinate statutes to investigation reports, records on the treatment of victims of sexual assault, investigation reports (Attachment to requests for appraisal);

1. Relevant Article 7 (6), (4), and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning the facts constituting an offense;

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018);

1. The disclosure; and

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