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(영문) 청주지방법원 2013.12.11 2013고합193

아동ㆍ청소년의성보호에관한법률위반(강제추행)

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

Around June 2013, the Defendant came to know through the Victim C (M, 13 years of age) and Kakao Stockholm, and the Victim D (M, 15 years of age) was said victim C’s speech.

The defendant, upon the request of the victims to reconcilate the diving, had been committed by the victims, by causing their prudent desire to commit an indecent act on the part of them.

1. On July 13, 2013, around 04:30 on July 13, 2013, the Defendant committed the crime against the victim D by assaulting the victim, i.e., by bringing the victim’s sexual organ into the victim’s own arms, putting the victim’s chest on and below the victim’s chest and shoulder, and putting the victim’s sexual organ into the victim’s tamp, and committing an indecent act by coercioning the victim’s sexual organ against the victim.

2. The Defendant committed the crime against the victim C at the same time and time as set forth in the above 1.1. paragraph (1) above, as the victim D, who had been forced by indecent act by compulsion by the Defendant, immediately attempted to flee to the victim C, and her sexual organ was pushed the victim’s sexual organ by inciting the victim’s her own hand, leading the victim to be pushed off with his her her m/ her m/ her sexual organ, and committing an indecent act by force against the juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Records in each protocol;

1. Application of the Kakao Stockholm Acts and subordinate statutes;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Of concurrent crimes, an aggravated punishment for concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes against a victim C with heavier penalty as provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse);

1. Discretionary mitigation of punishment Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) 1.