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(영문) 전주지방법원 2014.04.24 2013고합238

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 October 4, 2013, at around 23:50 on October 4, 2013, the Defendant: (a) told the victim E, a child or juvenile, (n) who was found to be fright in order to purchase goods in the Yansan-gu, the Defendant committed an indecent act by: (b) forcing the victim, who was a child or juvenile, (n) with the knowledge that he/she found the marina in order to purchase goods; (c) led the victim’s hand to the fright where he/she is frighted; (d) towing the victim’s hand; and (e) towing the victim with the shoulder fright and the chest fright; and (e) forcing the victim, by taking the two hand of the victim who gets fright and resisted, to take the victim’s left hand with his/her hand.

2. On October 5, 2013, at around 21:30 on October 5, 2013, the Defendant committed an indecent act by force against the victim E (the 16-year old-old-old-age-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-sold-out-out-out-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to internal investigation reports (CCTV, etc.) and investigation reports (related to attachment of pictures by the victim at the time of video recording);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act that stipulate the relevant Articles of the Act and the choice of punishment for the crimes;

1. Of concurrent crimes, the punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with the punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse as of October 5, 2013, heavier penalty)

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 consideration shall be made again for the reason of sentencing);

1. Social services;