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(영문) 청주지방법원 2020.06.12 2020고합28
유사강간
Text

A defendant shall be punished by imprisonment for two years.

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

The defendant is between the victim C (one-eight years of age), who was working in the child protection facility “B” and the victim C (one-eight years of age).

On October 7, 2019, at around 03:30 on October 7, 2019, the Defendant: (a) Cheongju-si Down-gu Down-gu, which is the victim’s residence; (b) putting the victim’s hand in the side of the victim’s residence; (c) put the victim’s hand into the victim’s body; and (d) put the victim’s hand into the victim’s panty; and (d) putting the hand into the victim’s body.

In order to avoid this, the victim, who was frightened, was able to take the her attitude, but the defendant again put his hand into the victim's panty, added his hand into the victim's panty, and continued to put the victim's hand into the victim's body, and "the victim did not come to her body," even though the victim said "the victim did not go to her body," she was frighted into the victim's body and fright into the victim's body.

Summary of Evidence

1. The Defendant’s legal statement 1. The video CD and stenographic records 1. The application of the statute to report internal investigation (the Kakao Stockholm content with the victim) to the Defendant

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, 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 (in full view of the Defendant’s age, occupation, risk of recidivism, type and motive of the crime in this case, type of the crime in this case, process of the crime, disclosure and notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the disclosure and notification order, the prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, the personal information shall not be disclosed or notified

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