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(영문) 춘천지방법원 강릉지원 2013.06.13 2013고합32

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was living together with the Victim C (the 13-year old age) on around 2012. On April 22, 2013, the Defendant knew that the Victim was living in the East Sea with his mother while living in the East Sea with his mother, and knew that the Victim was living in the East Sea. On April 22, 2013, the Defendant got the Victim informed of each of the following subparagraphs, such as drinking the Victim, driving the Victim on his own, driving the Victim on his physical exercise, etc., and had the Victim look for indecent act by compulsion of the Victim by force.

At around 22:00 on April 22, 2013, the Defendant 22:3, the E-stud 303, in which the Defendant living in the East Sea D, drinked the victim with alcohol, and forced the victim to be laid on the floor by placing the victim's entrance to the port where the Defendant was in mind, and forced the victim to be laid down on the floor, and the Defendant forced the victim to be able to bring the victim's finger in "non-fringing" and "non-fringing." The Defendant forced the victim to get the spath of the victim into the panty of the victim, putting the victim's finger by gathering the hand into the victim's hand, and bring the chest and bring in the clothes above.

Accordingly, the defendant committed an indecent act by coercion against a female juvenile victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Investigation report (the statement, etc. of victim);

1. Investigation report (Attachment of photograph of the suspect purchase volume of alcoholic beverages prior to criminal conduct);

1. Investigation report (a photograph attached to a photograph of the suspect involved in the crime that leads him/her to the victim);

1. Application of Acts and subordinate statutes to report on investigation (Attachment, such as photograph, etc. of place of occurrence);

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

1. Imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse before order to complete program;

1. Article 38 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse who were ordered to disclose;

1. To seek an order of notification;