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(영문) 전주지방법원 정읍지원 2016.07.13 2015고합42

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On March 14, 2015, at around 16:00, the Defendant called the victim D (13 taxes if she wishes to use a computer) and forced the victim, who was a child or juvenile, to take the victim on board the parking lot, take the victim into the Defendant’s residence in Go Chang-gun E, and use the computer, and at the same time around the same day, she was able to take the victim on the victim’s side to satisfy his/her sexual desire, put him/her in the front part of the victim’s body to meet his/her own sexual desire, and forced him/her to commit an indecent act by force, she was a child or juvenile.

2. On March 21, 2015, at around 16:00, the Defendant: (a) carried a victim D with his/her residence in the same manner as indicated in the foregoing paragraph 1; and (b) used a computer; (c) around the same day, the victim intending to sleep on the floor of the room where he/she intends to sleep, put his/her hand in the victim’s inner part to meet his/her sexual desire; and (d) took the victim’s sexual organ into the victim’s inner part; and (e) took the victim’s sexual organ into the victim’s inner part; and (e) r

Summary of Evidence

1. Legal statement of witness F;

1. Partial statement of the witness D;

1. Application of Acts and subordinate statutes on police statements made to D;

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 punishment of the crime;

1. Aggravation of concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes committed on March 14, 2015, the largest penalty for which is prescribed as a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse) of the said Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 49(1)2 and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The summary of the assertion is that the Defendant did not commit an indecent act by force against the victim D.

2. The judgment of this court is legitimate.