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(영문) 수원지방법원 안양지원 2018.06.01 2018고합32
준강간
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On December 17, 2017, the Defendant d’s main points of “D” located in the Gu C during the bordering of the new wall on December 17, 2017, drinks together with E (one’s name, two-eight years of age).

On December 17, 2017, the Defendant, at around 03:33 on December 17, 2017, did not hold the body in Gel 410 heading rooms located in the same Gu F, and did not walk normally without the axis of another person, was placed on the bending part of the victim, kid on the part of the victim, kid on the part of the victim, kid on the part of the victim, and kid on the part of the victim, and had sexual intercourse by inserting his sexual organ into the part of the sound of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-competence condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Each description of a internal investigation report (the statement of the telecom staff and the details of the suspect's initial statement), internal investigation report (Attachment of a card list), internal investigation report (to be accompanied by field photographs), investigation report (the results of attachment and analysis of CCTV images), each investigation report (to be accompanied by visit and investigation), investigation report (Attachment of a photograph of the Ma New Card), and investigation report (to be accompanied by the CCTV image verification);

1. The provisions of the Acts and subordinate statutes on the cards, photographs of card specifications, photo on-site photographs, photographic photographs of merap newmarks, CCTV caps and output them, each entry in the response to a request for appraisal, and the application of video Acts

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in such cases, the effect of preventing recidivism may be expected to a certain extent only by registering personal information and taking lectures to treat sexual assault;

I seem to appear.

The defendant's age, family environment, and this case.

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