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(영문) 서울동부지방법원 2012.12.13 2012고합529
미성년자의제강간치상
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 August 2012, the Defendant: (a) reported the Victim D (L, 12 years of age) to NAV knowledge who was an Internet site to ask questions to NAVER knowledge; and (b) accessed her to call questions to her; and (c) he/she he/she he/she he/she he/she he/she he/she he/she he/she he

At around 00:00 on October 9, 2012, the Defendant, playing at the victim's house located in Gwangjin-gu Seoul Special Metropolitan City E, kids the victim within the victim's room, and referring to the victim's fine, and sexual intercourse on one occasion with the victim.

Accordingly, the defendant raped the victim under 13 years of age, and thereby suffered the victim's sexual intercourse.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Stenographic records and stenographic records of each victim's video recording;

1. An investigation report (attaching text messages, etc. exchanged between a suspect and the victim);

1. A list of medical records for victims of sexual assault and the results of examination of victims of sexual assault;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 305, 301, or 297 of the Criminal Act applicable to the crimes and Articles 305, 301, or 297 of the Criminal Act;

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. Article 62-2 of the Criminal Act on Probation;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Where the conviction of a defendant who has registered personal information of Article 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant falls under a person subject to registration of personal information pursuant to Article 33 of the Act on the Protection of Children and Juveniles against Sexual Abuse and is obligated to submit personal information to a competent agency pursuant to Article 34 of the same Act.

Reasons for sentencing

1. Two years and six months to fifteen years from the date of imprisonment with prison labor for a prison labor in Acts;

2. The types of recommendations according to the sentencing criteria.

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