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(영문) 청주지방법원 2017.12.22 2017고합279
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

1. On April 26, 2015, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (rape-rape) was unable to engage in sexual intercourse by: (a) the victim E (here, 17 years of age) in the Cheongwon-gu and D’s residence located under the Cheongju-si C and 102 around 02:0 on April 26, 2015; (b) the victim E was drinking by drinking; (c) the victim went to the house of the Defendant; (d) the day on the same day, around 03:13, the day, the day he/she was moving to the guest room in the “Gel” number of the “Gel” number located in the Cheongju-gu, Cheongju-si; (d) the victim was placed inside the bed from the bed; and (e) inserted the Defendant’s sexual flag into the part of the victim’s drinking around 06:00 on the same day; and (e) the victim was under the influence of alcohol.

2. Around 12:00 on April 26, 2015, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (compact) put the fingers into the part of the victim’s drinking room, inserted the victim’s upper body into the part of the victim’s sexual organ, putting the victim’s upper body into the part of the victim’s body, preventing the victim from resisting against the victim’s body without putting his/her head with his/her hair, and committing sexual intercourse with the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E (Evidence 19,24), H, D, I, and J;

1. Application of medical certificates, photographs (E, A), each request for appraisal (Evidence No. 12,16 of the evidence list), photographs of the place of occurrence of the case, photographs prior to the collection of reference D, gene appraisal records, investigation reports (Listening to victim telephone statements), and statutes governing telephone recording CDs;

1. Relevant Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act (the occupation of quasi-rape, the choice of a limited imprisonment) concerning the crime, and Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of rape and the choice of a limited imprisonment);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Crime of Violation of the Act on the Protection of Juveniles against Sexual Abuse, which has a heavier quality) of the Criminal Act for the aggravated concurrent crimes.

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