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(영문) 수원지방법원 안양지원 2013.03.15 2013고합40
아동ㆍ청소년의성보호에관한법률위반(준강간등)
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. On February 3, 2013: (a) around 03:49, the Defendant: (b) reported the Victim E (M, 13 years of age) who was divingd in the Dags or the common room located in the Manan-gu Mang-si, Annyang-si, Annyang-si, and the Defendant 10 seconds away from the above Victim’s left hand to the extent of 10 seconds of the above Victim’s bridge and the sound.

2. At around 04:50 on the same day, the Defendant left a sleep for one hour at the male water surface room located in the above Drown, and accessed the victim in the same way as the victim E would think of, going back to the official room, and came back to the victim in the same way, and got left hand with the bridge and the sound of the above victim's hand.

Accordingly, the Defendant committed each indecent act against the 13-year-old juveniles.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. A written statement of F and E;

1. Stenographic records of police video recording of E;

1. Application of Acts and subordinate statutes to investigation reports (including criminal investigation reports (including video CDs and photographs capturing them), investigation reports (including investigation by the E-Mail and accompanying statement);

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act, which provide the corresponding legal provisions and the choice of punishment for the crimes;

1. From among concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (aggressing concurrent crimes with the punishment stipulated for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc., as stated in paragraph (2) of the said Article which has a heavier

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

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

1. Article 38 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which shall be ordered to disclose;

1. The Defendant and his defense counsel’s assertion and determination under Article 38-2(1)1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The summary of the argument is the juvenile under the age of 19 who committed an indecent act against the victim as described in the facts constituting the crime in the judgment of the defendant, but the victim is a young person who is under the age of 19 because he or she is sculb

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