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(영문) 광주지방법원 2013.06.13 2013고합114
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

From the end of June 2012, the Defendant, from the end of Gwangjubuk-gu, as a security guard, became aware of the victim D (the age of 14), a juvenile who, alone, extracted from the school-based security room, by finding out the household-based cargo. On December 16, 2012, the Defendant: (a) around 16:00, in the “C apartment security room,” and (b) around 14:0, the Defendant kept the victim, who gets involved in the school-based cargo, and was able to use 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 hers her her her her her her her her

2. On December 20, 2012, the Defendant: (a) around 16:00, at the same place; (b) on December 20, 2012, the Defendant: (c) deemed that the Defendant: (a) caused the Victim’s clothes to the house; and (d) caused the Victim’s chests to the KON; (b) on his hand, the Defendant got the Victim’s chests with his/her hand while he/she fastened

Accordingly, the defendant committed an indecent act on the part of the juvenile victim more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to D;

1. Relevant legal provisions, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes with the punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse on December 20, 2012, whichever is heavier] among concurrent crimes;

1. Article 62 (1) and (2) of the Criminal Act (The following circumstances considered as favorable to the reasons for sentencing):

1. The main sentence of Article 13 (1) and the main sentence of Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Personal information is difficult to deem that the accused is likely to recommit a sexual crime, in light of the circumstances, etc. that are deemed as the grounds for sentencing under the proviso to Article 38(1) and the proviso to Article 38-2(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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