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(영문) 수원지방법원 안산지원 2018.12.07 2018고합231
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
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 July 31, 2018, the Defendant came to know of the victim I (the 16th, the 16th, the 16th) while drinking alcohol together with F, G, and H in E Intia City D on July 31, 2018, and continued drinking with J penta, the Defendant was willing to have sexual intercourse with the victim, who would have been going to go to the outside of J penta.

On August 1, 2018, the Defendant: (a) was in K at Sinh City around 04:47, in front of L convenience stores, and was in front of L convenience stores to enter the victim’s arms; (b) was out of the victim’s panty; (c) was out of the victim’s panty and panty; and (d) was out of the Defendant’s panty and panty, and tried to open the chest into the victim’s chest by hand; and (c) continued to have a f, G, and H interfered with the Defendant and the Defendant’s f, G, and H’s sound to find the Defendant and the victim; (d) was not carried out and attempted to have the Defendant interfered with the Defendant’s f, G, and H’s sound to stop their actions.

Accordingly, the defendant, by force, tried to have sexual intercourse with a child or juvenile victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Each police statement made to F and H:

1. On-site photographs, details of the report of the case, on-site photographs, and victim photographs;

1. Application of CCTV Acts and subordinate statutes;

1. Article 7 (6), (5), and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which are applicable to the crime and Articles 7 (6), (1) of the same Act;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. 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 (the order to disclose or notify the registered beams may have a significant impact on the defendant;

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