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(영문) 청주지방법원 2015.08.21 2015고합68
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 March 22, 2015, the Defendant corrected ex officio to add the time of sexual intercourse based on the Defendant’s statement to the extent that it is not likely to substantially disadvantage the Defendant’s exercise of the Defendant’s right to defend.

(1) On the 15th floor of Cheongju-si, Cheongju-si, 85 pages of investigation records. On the 112-dong 15th floor of Cheongju-si, Cheongju-si, Cheongwon apartment, 112-dong 15, the victim of the victim's talking that she was frozen from the victim D (n's 16 years of age), who is a juvenile her young in the Facebook through the Facebook, and the victim's talks with the victim after the rooftop. The victim's talks with the victim. In addition, the victim's she was able to rape the victim, she was able to get off the victim's shoulder, she was off the victim's body, she was forced to be off the victim's finger, she was off from the victim's body, and did not resist the victim's finger, and the victim's breast, etc. was sealed with the victim's finger, and the victim's finger was divided into the victim's finger.

Accordingly, the defendant raped the juvenile victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statements made with D, stenographic records and video CDs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 7 (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse, which provides for relevant legal provisions concerning facts constituting an offense and Article 7 (1) of the same Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (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 defendant who has registered personal information under the main sentence of Article 21(2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall, where his/her conviction on the criminal facts in the judgment becomes final and conclusive, be subject to Article 42(1) of the Act on Special Cases concerning the Punishment,

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