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(영문) 전주지방법원 2020.05.27 2020고합68
미성년자의제유사강간등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around the beginning of November 1, 2019, the Defendant: (a) asked the victim D (the age of 12) who is waiting for a fluorial fluor in Category C, located in C, located in the first place of a middle school; and (b) asked the victim as the victim’s first year of a middle school; (c) talked with the victim as “her multiple times.” On the part of the victim’s sexual intercourse, the Defendant met the victim’s sexual intercourse at one time.

The defendant continued to say that the victim was the same as the other party, and then, the victim was sent off to the second studs column of the male toilet of the second floor of the F University G, the college of G, the second e., the victim, who was off the defendant's breath, and forced the victim to prompt the victim with approximately 10 seconds of the sexual organ of the victim, as soon as 10 seconds of the victim's sexual organ, and as soon as the victim booms the victim's sexual organ, and caused the victim to prompt the victim's sexual organ.

Accordingly, the defendant committed an act of inserting a sexual organ into his mouth against a person under 13 years of age.

2. Around 15:10 on December 30, 2019, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) committed the instant victim D (12 years of age) at the bus stops in front of the “I” located in Seojin-gu, Seojin-gu, Seoul, with a chance to look at the said victim D (12 years of age). The Defendant met the victim’s part on the part of the victim, and met the victim’s part on the part of the victim’s sexual flag.

Accordingly, the defendant committed indecent acts by force against children and juveniles under the age of 19.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant legal provisions concerning criminal facts, Articles 305 and 297-2 of the Criminal Act that choose a punishment, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act;

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

1. The victim is the victim under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount;

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