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(영문) 춘천지방법원 영월지원 2014.06.26 2014고합13

청소년의성보호에관한법률위반(청소년강간등)

Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged

A. From September 2008 to October 10 of the same year, the first criminal defendant was able to write down the part of the victim's buckbucks by hand while putting the victim into the top of the Karen car operated by the defendant while moving to G middle school located in the Karen car and moving the victim's bucks.

Accordingly, the defendant committed indecent acts by force against the juvenile victim.

B. From September 2008 to October 2008, the second criminal defendant was able to write down the part of the victim's bucks by hand while putting the victim kisk at the body of the victim D located in C at the time of the time of the death of the date. In addition, the defendant was able to write down the part of the victim's bucks while moving to the top of the E Caren car driven by the defendant.

Accordingly, the defendant committed indecent acts by force against the juvenile victim.

2. The facts charged above are those falling under Article 7(2) of the former Act on the Protection of Juveniles against Sexual Abuse (wholly amended by Act No. 9765, Jun. 9, 2009; hereinafter the same) and Article 298 of the Criminal Act, which cannot be prosecuted against the will expressed by the victim under the proviso of Article 16 of the former Act on the Protection of Juveniles against Sexual Abuse.

However, according to the written agreement bound in the records, the victim can recognize the fact that he/she expressed his/her wish not to punish the defendant on June 2, 2014, which was after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.