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(영문) 대구지방법원 김천지원 2013.11.08 2013고합101

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

A defendant shall be punished by imprisonment for not less than two years 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

1. On July 6, 2013, the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) committed an indecent act by force against the said victim E (hereinafter “Defendant”), who was walking on the front of the Guro-si D apartment on the road of the Guro-si, Seoul Special Metropolitan City on July 14:37, 2013, by drinking the victim E (hereinafter “the age of 26”), following the said victim’s left hand, and followed the said victim, the said victim’s chest was able to commit an indecent act by force.

2. On July 6, 2013, the Defendant, at around 14:44, committed an indecent act by force against the said victim, who was home in front of the 103 old-si F&M building, with the intent to forcibly commit an indecent act against the said victim’s C (the 12-year old age), and who was going up with the said victim on his/her hand from the front stairs of the said building 519, with his/her son’s son’s son’s son’s son’s son’s son’s son’s hand

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and C;

1. A criminal investigation report by the prosecution;

1. The police seizure record and the list of seizure;

1. Application of statutes on field photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 298 of the Criminal Act on the selection of a punishment, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the maximum term of the crimes as provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse, among concurrent crimes, the punishment shall be imposed on the concurrent crimes and the maximum term of the crimes as provided

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

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation; Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order; Article 21 (2) of the Act on Protection of Children and Juveniles against Sexual Abuse;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and children or juveniles with an order to disclose;