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(영문) 서울남부지방법원 2016.01.15 2015고합439 (1)
청소년보호법위반
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

In addition, the claimant for the order to observe the protection (hereinafter referred to as the "defendant") became aware of the victim C (A, 16 years of age) who is a juvenile through mobile phone hosting display from around 2013.

On August 9, 2015, the Defendant heard the horses that he had sexual assaulted from the victimized person, and attempted to talk with the injured person, and brought the victim to the Eel in Guro-gu Seoul Metropolitan Government.

The Defendant, around 12:15 on the same day, she dump at the victim’s home while he/she drinked a mixed-mar alcohol under 202, and was sexually abused with the victim on the same day.

In light of the above, while pursuing the proposal, the victim got away from the floor of the victim's body so that the victim can make a sound between the people's moment, "the victim should see to see it," and "the victim's arms to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see to see

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Report on internal investigation (specific where the suspect A and the victim are involved);

1. Details of report 112, application of Acts and subordinate statutes governing telecomtogram photographs;

1. Article 7 (6) and (1) of the Act on the Protection of Juveniles from Sexual Abuse, which are applicable to the relevant criminal facts and Articles 7 (6) and (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 21 (2), Article 21 (4), and 9 of the Act on the Protection, Observation, etc. of Children and Juveniles from Sexual Abuse, Article 59 of the Act on the Protection, etc. of Juveniles from Sexual Abuse;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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