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(영문) 의정부지방법원고양지원 2020.10.13 2020고합165
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On May 2019, the Defendant saw the victim B (the 16-year old, female) as the introduction of the branch person around 2019.

At around 02:00 on June 29, 2019, the Defendant is working as a part-time worker in the coinsian bank located in the first floor of C building at the time of Pakistan around 02:00.

While talking about each other's root, etc. with the victim who has come to other friendship, the victim's human body had been induced to a toilet of the second floor of the building in the same dial, and had been sexual intercourse.

Accordingly, the Defendant, at the same time, moved the victim to the second floor toilet for the disabled of the above building, and moved the victim into the toilet for the disabled, by taking the hand of the victim, and led the victim again to take the hand of the victim who tried to get out of the toilet by spreading the knife of the knife of the knife of the knife of the knife of the knife of the knife of the knife of the knife of the knife, and forced the knife of the knife to knife the knife of the knife to knife the knife of the knife, and then inserted

As a result, the defendant raped the victim who is a child or juvenile by assault.

Summary of Evidence

1. Application of Acts and subordinate statutes on the police's written statement concerning the defendant's legal statement B, investigation report (Evidence Nos. 6, 11) 117 reported, details of the report on the safe drid bulletin board, contents of the submission to the complainant, and the contents of the text

1. Relevant Article of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 7 (1) of the Act on the Voluntary Mitigation of Discretionary Mitigation of Imprisonment) Articles 53 and 55 (1) 3 of the Criminal Act (hereinafter referred to as the following extenuating circumstances among the reasons for sentencing);

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Request for exemption from an order of disclosure and notification;

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