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(영문) 전주지방법원 정읍지원 2016.11.23 2016고합55
아동ㆍ청소년의성보호에관한법률위반(강간)
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

On March 2016, when the Defendant was aware of the victim D (n, 15 years of age) who was killed by C, the Defendant was able to sleep with the Defendant’s residence while providing the defective victim with the no well-known location due to the lack of a certain address, and was able to rape.

The Defendant, in the Defendant’s residence located in the area of the Defendant located in the area in the area of North Korea, set off a television with the victim, and went off from the floor, but refused and resisted by the victim, and forced the victim to go against his/her will and clothes in the area of detention, and prevented the victim from resisting, such as putting off his/her will and clothes on the part of the victim, and putting off his/her own arms, and her clothes on the part of the victim, and raped the victim as a child or juvenile on one occasion.

Summary of Evidence

1. Defendant's legal statement;

1. The expert opinion of each stenographic record or sexual assault case;

1. Application of Acts and subordinate statutes to report on investigation (related to attachment of results of search of an investigative subject);

1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which enables the choice of punishment for the relevant criminal facts;

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. Where the judgment in this case becomes final and conclusive on the registration of personal information of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to the competent agency pursuant to

Since the defendant exempted from the disclosure order and notification order is a child or juvenile, the disclosure and notification order shall not be imposed pursuant to the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Reasons for sentencing

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

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