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(영문) 수원지방법원 성남지원 2015.05.28 2014고합354

아동ㆍ청소년의성보호에관한법률위반(강제추행)

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

1. On March 2012, at around 16:00, the Defendant stated that “I am dead. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am a ambbbbbbbbbs by the victim's hand in order to make the victim be forced to commit an indecent act. I am. I am. I am a ambbbbbbbbs in order to come I am out of the above restaurant. I am a am. I am a ambbbbbbbbbs in the back seat of the given siren vehicle. I am with the victim.

Accordingly, the defendant committed an indecent act by force against a male juvenile victim.

2. On September 23, 2014, at around 20:00, the Defendant called a male juvenile G (15 years of age) who had been aware of the alley near F in Gwangju-si, Gwangju-si, with the victim G (15 years of age) who was a male juvenile, “h. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. h. d. d. th

Accordingly, the defendant committed an indecent act by force against a male juvenile victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Application of each police protocol of statement to E and G;

1. Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act, Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 298 of the Criminal Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravated Punishment for Crimes of Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims G with the largest punishment]

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows.