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(영문) 수원지방법원 2013.12.10 2013고합246
아동ㆍ청소년의성보호에관한법률위반(강간등)
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

Punishment of the crime

In December 2010, the Defendant suggested that the victim F (V) who became aware of the Internet hosting in the vicinity of Suwon-si, Suwon-si, Suwon-si, 2010 did not go out of the Internet, and that the victim F (V), who was aware of the fact that he did not go out of the Internet, she met with the victim and his friendship.

In the event that the Defendant drinks alcohol with the victim and G while drinking alcohol at an elementary school near the above E, and returned to the house and left with the victim, the Defendant was able to rape by using the fact that the victim was under the influence of alcohol.

At around 23:00 on the same day, the Defendant: (a) took part in a family room where it is difficult to know the second floor of the 1st century in Suwon-si, Suwon-si, the Defendant 23:00, and (b) took part in the her chest and her chest, and (c) took part in the body of the victim while she stated that “the victim does not do so, she does not do so, she does not do so,” and (d) took part in the body of the victim, thereby making it impossible for the Defendant to sufficiently divide the part of the body of the victim by her arms and her clothes, and raped the victim by having sexual intercourse with another victim who was on the body of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the F and G respective legal statements Acts and subordinate statutes;

1. Article 7(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11047, Sept. 15, 201; hereinafter “former Act on the Protection of Children and Juveniles against Sexual Abuse”); Article 297(1) of the former Criminal Act (Amended by Act No. 11574, Dec. 18, 2012);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the probation, order to attend lectures or order to provide community service;

1. The scope of applicable sentences: Imprisonment for not less than two years and six months to 15 years;

2. Application of the sentencing guidelines [Determination of types] The general criteria for sex offenses: rape/special rape (special rape) by blood relatives/residential invasions, etc. (special rapes) by the relatives of the victim of the rape (the subject of the age of 13). The mitigated factors shall be punished.

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