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(영문) 인천지방법원 2015.10.14 2015고합367

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. On June 1, 2015, the first criminal defendant committed an indecent act by force against the victim D, who had returned home at the entrance of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, Dong - (the age of 17), with the victim D (the age of 17), by inserting his/her hand on the part of the victim's pande part, and by raising his/her hand on the part of the victim's pande part, with the victim's panty part.

B. On June 1, 2015, the second criminal defendant committed an indecent act by force against a child or juvenile victim, such as forcing him/her to talk with the victim’s son status with the victim’s car in the Bupyeong-gu Incheon apartment unit E-dong, Bupyeong-gu, Incheon, and with the victim’s car to the victim F (n, 14 years of age).

2. On June 2, 2015, the Defendant: (a) committed indecent act by compulsion on the part of the victim I (the 26-year age), who returned home from the alleyway between the G house in Bupyeong-gu Incheon, Bupyeong-gu and H middle school (the 26-year age), committed indecent act by compulsion against the victim, such as: (b) making the victim her son son son son son son son son son son son son son son son son son son son son son son son son

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of the victims;

1. Each investigation report (referring to the case of a criminal investigation site, the case of CCTV around the site, and the application of Acts and subordinate statutes to CCTV related to victim F);

1. 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, and Article 298 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the aggravated punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes against victims D with more severe punishment and punishment)

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. Suspension of execution has been repeated under the favorable circumstances among the reasons for sentencing under Article 62(1) of the Criminal Act.