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(영문) 의정부지방법원 2013.11.22 2013고합423
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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

Criminal facts

Defendant,

1. At around 09:35 July 12, 2013, to the victim F (14 years of age) who was the second grade of a middle school in the E Station of the subway No. 1, the subway No. Dobcheon-si: “A 14 years of age” means “A balsing the victim into a household toilet with the second grade of the E Station No. 1, the victim 2 years of age, taken the victim in a toilet with his hand, pushed the victim into the toilets of the toilet, pushed the victim into the toilets of the toilet, pushed the victim's chest and body with his hand, locked the victim's resistance, putting the victim's chest and body, putting the victim's hand into the panty line of the victim, and dancing the victim's balle, thereby inducing the victim's sexual organ, making indecent acts by force.

2. On September 16, 2013, around 11:50, the instant subway No. 1 line “Ap. 1” used to mean “Ap. Ha, with the victim’s clothes attached to “Ap. Ha,” and forced the victim to go back to the second male toilet of the Eth calendar, by hand, with the victim’s second male part of the Ethrogate, was pushed the victim into the toilet room, was pushed the victim into the toilet room, pushed the victim’s door together with his hand, locked the victim’s back to the victim’s back to the victim’s panty line, and led the victim to talk with the victim’s sexual organ and to talk with the Defendant’s sexual organ by taking the victim’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. On-site photographs and CCTV photographs;

1. Application of Acts and subordinate statutes on the investigation report (CCTV verification);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act that stipulate the relevant Articles of the Act and the choice of punishment for the crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 62-2 of the Criminal Act and Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. An order to notify;

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