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(영문) 춘천지방법원 2014.12.12 2014고합97
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

On June 26, 2014, at around 17:00 on June 26, 2014, the Defendant forced the victim to commit an indecent act more than three times in total, as shown in the list of crimes in attached Form 2, by drinking her amb, with the victim D (n, 18 years of age) in front of the Defendant’s house located in Chuncheon City, with the victim D, and by drinking her amb in mind that he forced the victim to commit an indecent act on the part of the victim two to three occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning D and E;

1. Although the Defendant acknowledged the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

As stated in its reasoning, the Defendant’s act of taking a sensitive body part of a juvenile victim’s body was objectively an act of causing sexual humiliation or aversion to the general and average person in the same position as the victim, and contrary to good sexual morality, which constitutes an indecent act by infringing upon the victim’s sexual freedom. It does not require a subjective motive or purpose to stimulate sexual humiliation as a subjective element upon the establishment of the crime of indecent act by compulsion. (See Supreme Court Decision 2005Do6791, Jan. 13, 2006) Even though the victim told the Defendant that he would not put his her her her her her her her her her her her her, but repeatedly, the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her.

Application of Acts

1. Article 7 (3) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, of the relevant criminal facts;

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