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(영문) 수원지방법원 2018.05.31 2018고합84
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant's son's son's son's maternal son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son'

On September 2015, the Defendant: (a) called “the victim, who was playing in the Posknife D’s Posnife Posnif Posnif, Has the victim, she moved to a vehicle parked.” (b) the victim was parked.

Afterward, the Defendant exceeded the victim's lower, and then laid the victim above the Defendant's buckbucks.

“In spite of an attempt to engage in sexual intercourse, the victim did not refuse to engage in such sexual intercourse, and did not intend to open a door behind him/her and to flee, and did not bring about such intent.

Accordingly, the defendant tried to have sexual intercourse with the victim under 13 years of age by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Application of Acts and subordinate statutes to a criminal investigation report (a statement by a complainant), investigative report (related to telephone conversations between a counselor and a counselor), family relation certificate (20 to 25 pages of investigation records), investigation report (a statement analysis expert’s written opinion is attached, and a statement and analysis expert’s opinion is either 84 to 96 pages of

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 15, 7 (5) and 7 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on Criminal Crimes;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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 extenuating circumstances among the reasons for sentencing)

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

1. An order of disclosure; and

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