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(영문) 전주지방법원 군산지원 2015.01.30 2014고합200

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

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

The defendant is between the victim C(n, 17 years of age) and the church.

1. On September 13, 2014, around 19:40 on September 13, 2014, the Defendant: (a) driven a vehicle in front of the D Hospital located in Hasan, driving the vehicle on which the victim was on board, arrived at a place in the west-gun, Chungcheongnam-gun, Chungcheongnam-gun; (b) milling the victim’s body behind the first stringer who the victim was seated, and kid up the victim’s body that the victim said that he did not want to do so; and (c) kis off the victim’s kis and kis by inserting the hand into the bro, and kis.

2. At around 20:50 on the same day, the Defendant ceased to commit an indecent act on the victim’s refusal as above, drive the vehicle again, and moved the vehicle to the port area located in Seocheon-gun, Seocheon-gun, Chungcheongnam-gu, Chungcheongnam-do, and thereafter cut off the vehicle. Even though the victim refuses to do so, the Defendant, beyond the chief of the steering force where the victim was the victim, did not want to do so, she saw the victim’s chest as his hand, and her chestd and her chestd.

Accordingly, the defendant committed an indecent act on the part of the juvenile victim more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning video CDs and recording records;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the selection of applicable laws and punishment for the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. A child or juvenile who is found guilty of each of the criminal facts stated in the judgment against the accused as to whether to issue an order to disclose or notify personal information under Articles 42(1) and 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Registration of Personal Information under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the case where a conviction against each of the criminal facts of this case