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(영문) 대전지방법원 2013.08.21 2013고합223
아동ㆍ청소년의성보호에관한법률위반(준강간등)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. At around 03:00 on December 19, 2010, the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) came up on the fourth floor of the Seo-gu Daejeon Seo-gu, Daejeon, and opened up the floor above the victim D (the age of 16) where the panty gate was opened up on the fourth floor of the Seo-gu, Seo-gu, Daejeon, and opened up on the top of the victim D (the age of 16).

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

2. The Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (rape-rape, etc.) at around 04:00 on the same day as paragraph (1) of this Article, and at the same place as paragraph (1) of this Article, panty panty panty boomed on the side of the victim E (the age of 17) and rhum third on the upper floor of the victim for a long time.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's refusal to resist.

Summary of Evidence

1. Statement at this Court that there was a fact that the defendant had taken the victims as stated in the ruling at the time and place;

1. Application of the Acts and subordinate statutes to each police statement made to D and E;

1. Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter “former Act on the Protection of Children and Juveniles against Sexual Abuse”); Article 298 of the Criminal Act; Article 7(4) and (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse; Article 299 of the Criminal Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the hostage)

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Articles 4 and 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012);

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