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(영문) 광주지방법원 2014.07.04 2014고합110
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Criminal facts

1. On March 13, 2014, the defendant and the person requesting a probation order (hereinafter referred to as "defendants") committed rape against the victim, who is a child or juvenile, with a deadly weapon (15 cm in blade, 25 cm in total length, 25 cm in the kitchen) in the house of the victim E (n.e., female, 17 years old) located in Gwangju Mine-gu, Gwangju, with the wall sealed the victim on the wall, and then taken a kitchen knife (15 cm in blade, 25 cm in total length) in the kitchen, which is a deadly weapon in the kitchen, in a way that the victim could not resist the victim, by threatening the victim and the victim to go against the victim, and by placing the victim's sexual flag on the part of the victim, and inserting it into the part of the victim.

2. As described in the above 1.1., the Defendant raped the victim, and set a locked visit with the kitchen knife at the same place in the toilet, and opened a visit to the victim, which called “the victim who visited the victim, without opening the door within three seconds,” and prevented the victim from putting the kitchen knife described in the above 1. The Defendant raped the victim, who is a child or juvenile, with a deadly weapon by inserting the Defendant’s sexual organ into the part of the victim’s sound, by inserting the Defendant’s sexual organ into the part of the victim’s sound.

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. Statement made in compliance with the statement of E prepared by the assistant judicial police officer;

1. Application of each film-related statute to the kitchen, knife photograph, place of damage, and identification photographs suitable therefor;

1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 4 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act concerning the crime;

1. The crimes under Articles 40 and 50 of the Criminal Act among the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape), and the crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy quality of each crime (special rape);

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