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(영문) 광주지방법원 목포지원 2020.05.07 2020고합3
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

Around 15:00 on February 18, 2019, the Defendant: (a) at the bed room of the Defendant’s residence located in Sinpo City B building C, the Defendant: (b) reported that the Victim D, a woman-friendly room living together with the Defendant, (a) takes part above the bed; (c) took part in the victim’s body; (d) took part; (e) takes part in the victim’s body; (e) takes part in the victim’s body; and (e) took part in the victim’s body; (e) took part in the victim’s body; and (e) took part in the part of the victim’s body; and (e) took part in the part of the victim’s sex, taking part in the victim’s body; (e) took part in the victim’s body and panty; (e) took part in the victim’s body; and (e) took part in the victim’s body.

Accordingly, the defendant raped the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the law on video recording CDs

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

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

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

1. Where the conviction of a person subject to registration of personal information under Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities is finalized, the Defendant is a person subject to registration of personal information pursuant to the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment,

The details of the crime of sexual assault in this case, relationship between the defendant and the victim, age, character and conduct, environment, criminal record and risk of recidivism, and other disclosure and notification orders.

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