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(영문) 대전지방법원 2016.03.31 2015고합439
아동ㆍ청소년의성보호에관한법률위반
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

On September 14, 2015, the Defendant parked a body-car in D with the Defendant’s driver’s E on the front day of Daejeon U.S. on September 14, 2015, and tried to rape the victim F (the age of 17) who was on the steering line, forced kid by the victim, followed by the chief chairer, and let the victim walk by his hand, take the chest of the victim, take the son’s son over his her son and panty, take the victim’s son over her son, take the victim’s son with his son’s body, she takes the victim’s son with his son’s son and panty body, she took the victim’s son’s son’s son and panty, put the victim’s son’s son’s son’s son and son’s son’s son’s son’s son, and then she did not put the victim’s son into the victim’s her mouth but did not her her her.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of statements made by victims;

1. Application of Acts and subordinate statutes to two copies of an appraisal report;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Juveniles from Sexual Abuse, Order to attend a lecture and Order to provide community service;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the Defendant has no criminal history, and the Defendant’s personal information registration and participation in sexual assault treatment programs are anticipated to prevent recidivism. Thus, there are special circumstances that may not disclose or notify the Defendant’s personal information.

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Reasons for sentencing

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. The sentencing criteria do not apply because the sentencing criteria are not yet determined.

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