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(영문) 수원지방법원 안산지원 2016.04.22 2016고합12
아동ㆍ청소년의성보호에관한법률위반(준강간)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

On August 13, 2015, the Defendant found the victim E (the age of 17) who sited on the floor of the breath floor in Ansan-si, Ansan-si on August 13, 2015, found the victim E (the age of 17) to be able to solve his sexual desire, and made the victim accessible to the victim for the same drinking time, and then moved the victim to the first floor of the 2nd floor in the former F building and drinking alcohol, and then the victim was able to drink the alcohol to the second floor of the 2nd floor in the building.

1. On August 13, 2015, the Defendant: (a) taken the victim’s legs and her part of his/her arms and legs, which he/she continued to move the victim to a female toilet on the second floor; (b) taken the victim’s chest and her part of his/her clothes, which he/she had taken short from the second floor corridor of the above building to a mobile phone owned by the victim against the victim’s will; and (c) taken the victim’s chest and her part of the bridge.

2. On August 13, 2015, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, tried to rape the victim on the second floor of the building at around 06:58, and led the victim’s personal identity to the dial emergency stairs, she out of the victim’s will, and inserted the Defendant’s sexual organ into the victim’s sexual organ.

Accordingly, the Defendant had sexual intercourse with the victim who is a child or juvenile under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records and list of seizure;

1. Stenographic records;

1. A report on the results of analysis of digital evidence;

1. Each gene appraisal report;

1. Application of each statute on photographs;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a point of taking photographs using a camera, choice of imprisonment), Article 7(4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act (a point of juvenile quasi-rape and choice of limited imprisonment).

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