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(영문) 부산지방법원 2021.01.15 2020고합477
미성년자의제유사강간
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 12, 2020, the Defendant: around 17:10 on June 12, 2020, placed a hand in the front line of the Defendant’s vehicle parked in the Busan Young-gu Incheon Metropolitan City B apartment commercial building parking lot, and met the part of the victim’s chest by inserting the hand into the victim’s panty line; stored the hand into the part of the victim’s panty line; stored the finger in the part of the victim’s panty line; and had the victim enter the ship as soon as the Defendant’s sexual organ.

Accordingly, the Defendant committed similar rapes against those aged between 13 and under 16.

Summary of Evidence

1. Statement by the defendant in court;

1. A report of investigation (video recording against victim C), stenographic records, or a transcript of statement;

1. Application of reference materials statutes;

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

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

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

1. There are special circumstances in which the disclosure or notification of personal information may not be made in light of the Defendant’s age, occupation, risk of repeating a crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure or notification order, the prevention of sex offenses subject to registration that may be achieved therefrom, the effect of protecting victims, etc., as a whole, pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

[Determination]

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Scope of applicable sentences under law: One to fifteen years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria: The sentencing criteria for the crimes of this case are not prepared.

However, the sentencing guidelines for similar rape of minors under the age of 13 are as follows and refer to them:

[Types.]

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