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(영문) 대구지방법원 2016.01.15 2015고합409
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the C convenience store located in Daegu Seo-gu and C convenience store located in Gyeongbuk-gun D.

Victim E (WW) is an employee of the Defendant to contact the Defendant on August 29, 2015 at around 19:00 and to provide part-time service at the convenience store.

On August 29, 2015, the Defendant: (a) at the above convenience store located in Seogu-gu, Daegu-gu, Daegu-gu around 20:00, the Defendant was aware of the victim’s convenience store, and (b) notified the victim of the convenience store, and (c) notified the victim of the convenience store of the convenience store; (d) “I frightly, I would like to drink frightly, I am going to go to the youth again to the Daegu-gu convenience store; and (e) the victim would not have to go to the telecom because the victim does not suffer difficulties.”

However, the victim was aboard the defendant's vehicle and did so.

On August 30, 2015, the Defendant: (a) around 02:00, at Gurst 203 heading rooms located in Gurst 1, Gurst 203, considered the victim to drink; (b) the victim was able to have sexual intercourse with the victim, who was lying on the part of the victim, was on the part of the victim; (c) was on the part of the victim; and (d) was discharged from the victim’s name and body.

After that, the defendant did not want the victim to do so after taking the victim's hand and having the defendant sexual intercourse with the defendant.

The victim was off from panty, kiscing the face, and kiscing the body of the victim, and kiscing the body of the victim, and sexual intercourse once with the victim.

Accordingly, the defendant had sexual intercourse with a juvenile by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. A report on investigation;

1. Application of each photograph (Evidence Nos. 4, 12) and Stockholm statute;

1. Article 7 (5) and (1) of the Act on the Protection of Juveniles from Sexual Abuse, which are applicable to the crime and Articles 7 (5) and (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse;

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. Article 62(1) of the Criminal Act (wholly favorable circumstances) (Article 62(1))

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