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(영문) 수원지방법원 성남지원 2016.09.01 2016고합140
아동ㆍ청소년의성보호에관한법률위반(유사성행위)
Text

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 September 1, 2015, at around 22:00, the Defendant collected at the Defendant’s house located in Gwangju-si D and 204, that the Victim F (the 17 years of age) did not go to the Victim F (the son, the son, the son, the son, and the son’s clothes, put the son’s body into the victim’s body and her chest and urbs, sheed the victim’s chest and urbs, her refusal to do so, and forced the victim to put the son into the panty of the victim, her hand was sealed, and her hand was sealed into the victim’s drinking part, and her son was repeated, and the victim exceeded the victim’s clothes and clothes, and her chestd the victim’s chest with the victim’s chest.

Summary of Evidence

1. Defendant's legal statement;

1. The second police statement concerning F;

1. The statement of F recorded in the video CD;

1. Each gene appraisal report;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to investigative reports (g) (the details of the relevant witness and victims);

1. Article 7 (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. When considering the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence, seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order of disclosure or notification, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting victims, etc. in full view of the following:

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