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(영문) 창원지방법원 2014.04.29 2013고합317
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for three 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

1. Indecent acts by compulsion against the victim D;

A. At around 01:00 on July 25, 2013, the Defendant was a person who works as a counselor at “E”, a temporary shelter for runaway juveniles, and on July 25, 2013, the Defendant committed an indecent act by force against the victim D (W, 15 years of age) who was in contact at a female room located in “E” located in “E” F in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, on July 25, 2013, when the victim D (W, 15 years of age) was in contact with the victim’s head car. On his/her hand, the Defendant was able to see the victim’s right side with his/her hand, with his/her hand the victim’s left chest, and committed an indecent act by force.

B. On July 25, 2013, the Defendant committed a crime around 07:00 on July 25, 2013, and the above A around 07:00 on July 25, 2013.

At the same place as Paragraph 1, the victim made a forced indecent act against the victim by inducing the victim to sell the defendant in the following manner: “The victim is the victim's defect, “The South-do Mali-gu Mali-gu Mali, Mali, Maliba, and Maliba,” “The victim will receive a request from the North-do Mali-gu Maliba, Maliba, and Mabag.”

2. Around 06:00 on July 25, 2013, the Defendant committed indecent act by compulsion against the victim G at the same place as the above 1. Around 06:00, the Defendant placed the victim G (at the age of 15) who was in a bed, “at the age of 15” on the part of the victim, she put his hand into the victim’s clothes, she talks with the victim’s part and chest, and she talks with the victim’s head in his knee, she kne, she knee and kne, put the victim’s kne in his kne, and her kne in his kne, she forced the victim to commit indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, I, J, K, D, and G;

1. Each statement of D and G;

1. Stenographic records;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes (counselings, daybooks, explanatory note, etc.);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

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