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(영문) 서울북부지방법원 2020.04.10 2020고합10
미성년자의제강간
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

Around September 19, 2018 through October 2018, the Defendant continued to become aware of the Victim C (A) while running the Internet game called “B” (B) and became aware of the age of 12, and the Defendant got into Busan for the purpose of communicating the victim with the Kakao Stockholm on May 19, 2019.

At around 16:00 on May 19, 2019, the Defendant, at the studio E page located in Busan Jung-gu, Busan, left the victim to a right angle, and sexual intercourse was committed by inserting the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. stenographic records against C and expert opinions on sexual assault cases against children under the age of 13;

1. Application of Acts and subordinate statutes to a criminal investigation report (the age verification at the time of committing a victim);

1. Article 305 of the Criminal Act and Articles 305 and 297 of the Criminal Act concerning the applicable criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. An order to disclose or notify, or an order to disclose or notify an employment restriction order: Exemption from an employment restriction order under 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: The proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) proviso to the Act on Welfare of Persons with Disabilities; Article 59-3(1) of the Act on Welfare of Persons with Disabilities appears to have no record of punishment for a sex offense; Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the suspension of the sentence to imprisonment with labor for the accused; an order to attend probation and sexual assault treatment programs; and the registration of personal information of the accused appears to have the effect of

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