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(영문) 의정부지방법원 고양지원 2021.02.02 2020고합243
미성년자의제강간
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around June 28, 2020, was well aware that the victim was under 16 years of age, and was aware of the victim’s 3rd floor “D” in the case of Pakistan around June 28, 2020. However, the Defendant had sexual intercourse once with the victim even though he was well aware that the victim was under 16 years of age.

Accordingly, the defendant has sexual intercourse with the victim under 16 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol made with respect to B;

1. Investigation report (the sequence 4, 5, 6, 7 of the list of evidence);

1. Application of the Kakao Stockholm dialogue legislation

1. Article 305 (2) and Article 297 of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing has been repeated for more favorable circumstances);

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 202), the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 202) [the defendant has no record of the same sex offense; the defendant is sentenced to imprisonment with labor for the defendant; the registration of personal information; an order to attend a course for treatment of sexual assault; and an order to place employment restrictions, which can prevent re-offending, can also have the effect.

If the defendant's age, occupation, family environment, social relationship, disclosure order or notification order comprehensively takes into account the defendant's disadvantage and anticipated side effects, and the prevention effects of sexual crimes that can be achieved therefrom, there are other special circumstances in which the defendant's personal information may not be disclosed or notified.

Since it is judged that the defendant does not issue a disclosure order or notification order to the defendant

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

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