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(영문) 서울동부지방법원 2016.04.07 2015고합317

아동ㆍ청소년의성보호에관한법률위반(준강제추행)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 16, 2013, at around 01:00, the Defendant discovered that the Defendant’s dwelling space located in Songpa-gu Seoul, Songpa-gu C and B101, the victim D (the age of 13) who is his wife’s father was divingd, and that the Defendant was able to write down the following parts by inserting his hand with the inner part of the victim.

As a result, the Defendant committed an indecent act against the victim by using that person who is a child or juvenile was unable to resist.

Summary of Evidence

1. The victim's statement in the court and the police statement in the witness D (the victim's statement about the process and method of prosecution is consistent and specific, and the victim's statement in the Kakao Stockholm messages sent to the victim immediately after the crime of this case is committed is acknowledged as credibility in the victim's statement.

In addition, according to the contents of the above Kakao Stockholm message, the victim had an intention to undergo consultation at a school immediately after the crime of this case, and thus, processed the facts of this case by using a doping that was unable to adapt to the school between transfer and transfer.

It is difficult to see that the injured party’s child consulted with his mother to report this case’s crime even before notifying the mother of the fact of this case’s crime. As such, it cannot be deemed that the injured party received the mother’s death and reported the fact of this case’s crime.

1. Application of Acts and subordinate statutes to a report on investigation (Attachment, etc. to the victim's Kakao Stockholm dialogue on the date of the occurrence of the day), photograph of the contents of the Kakao Stockholm dialogue, and a report on investigation (victim's counterpart

1. Relevant Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of 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 Committed to Attend;

1. The disclosure; and