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(영문) 서울서부지방법원 2012.11.15 2012고합392
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

At around 03:00 on July 15, 2012, the Defendant: (a) forced the victim D (at the age of 17) who was divingd at the bed at the bed of the Defendant located at the bed of the Defendant in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) prevented the victim from resisting due to forced entry into the bed; (c) booming the victim’s bed; and (d) went off the victim’s bed and panty off; and (e) went off the Defendant’s bed and panty, and had sexual intercourse once again with the victim’s body.

Accordingly, the defendant raped the juvenile victim.

Summary of Evidence

1. Partial statement of the defendant;

1. An interrogation protocol of the police against the accused (second time);

1. Each police statement made to D and E;

1. Application of the respective Acts and subordinate statutes to the defendant preparation

1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation, etc.);

1. The main sentence of Article 13 (1) and Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which shall be ordered to disclose;

1. Where a conviction becomes final and conclusive on the facts constituting a crime against a defendant who has registered personal information pursuant to Article 38-2(1)1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is a person subject to registration of personal information pursuant to Article 33(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the defendant is obligated to submit personal information to a competent agency pursuant to Article 34

Reasons for sentencing

1. Scope of recommendations on the sentencing guidelines / [type] range of recommendations for sex crimes, general standards, crimes of rape (subject to the age of 13) (subject to the age of 13), types 2 (subject to recommendation] mitigation area, 3 years and 3 months - June;

2. The Defendant rendered a sentence of sentence: (a) was sexually raped with the victim, who was a juvenile, who had drinking together on the playground with drinking together; and (b) the victim in this case shall be easily erased.

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