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(영문) 의정부지방법원 2017.04.19 2016고합585

아동ㆍ청소년의성보호에관한법률위반(위계등추행)등

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 a person with no certain occupation, and the victim C (the age of 13) is a student attending the first grade of a middle school.

On September 16, 2016, the Defendant was aware of the victim’s contact information by reporting the victim’s contact information from the “EPC room” located in Ma, the Government-si around 16, 2016, and identifying contact information.

1. The Defendant shall have induced the victim to commit an indecent act in F.

“I wish to make a report”, “I am in,” “I am in,” “I am in,” and “I am in,” respectively.

After sending the message, “I amba, I ambacon, I ambacon, I ambacon, I ambaly, I ambacon,” and “I 526, if I ambaly, I ambags, I ambags, I ambags, I am to the Government of the Republic of Korea where I 526, if I ambags, I ambags in G at the Government of the Republic of Korea around 14:30 on September 17, 2016.

Accordingly, the defendant enticed the victim for the purpose of committing indecent act.

2. Around September 17, 2016, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts, such as deceptive means, etc.), at the heading room I 526, supra, around 14:40 on September 17, 2016, where there was a situation where more than 10 persons were placed with the Defendant in an officetel with no other person, more than 10 persons than the victim, and was thought to have been able to lead the victim to rape, and was able to bring the victim into drinking with the Defendant.

Accordingly, the Defendant committed an indecent act against a child or juvenile victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Written Statement;

1. Stenographic records;

1. Application of Acts and subordinate statutes by cutting down the contents of the conversation between the victim and the victim;

1. Relevant provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse, Articles 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (a point where a person commits an indecent act against a child or juvenile by force, a choice of imprisonment), and Article 288 (1) of the Criminal Act (a point where a person induces another person to commit an offense);

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.