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(영문) 의정부지방법원 고양지원 2014.02.07 2013고합185
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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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

The Defendant is a person who operates a store of “Down-gu, Soyang-gu, Soyang-gu, Seoul.”

[2013Gohap185]

1. At around 02:00 to 03:00 on May 2013, the Defendant: (a) reported that the victim E ( South and the age of 16) covered and was able to cover the face; and (b) committed an indecent act by force against the victim, who is a child or juvenile, on his/her hand, by her sexual organ toward the victim’s seat.

2. Around 09:00 on the same day as Paragraph 1, the Defendant reported that the Victim F (the South and the 15-year-old age) was locked in the victim’s room, and that the victim was kid against the victim’s view, and that the victim was kid against the victim’s sexual organ on his/her hand, and committed an indecent act on the victim’s child or juvenile.

[2013Gohap212]

3. 피고인은 2013. 7. 중순 20:00경 위 D사우나 수면실에서 잠을 자고 있던 피해자 G(16세, 남)에게 다가가 그 옆에 누운 후 피해자의 바지 위로 성기를 손으로 만졌고, 이에 피해자가 잠에서 깨어 수면실 밖으로 나가자 남탕 입구 앞까지 따라가 피해자의 손목을 잡아챈 후 피해자의 입술에 강제로 입을 맞추어 아동ㆍ청소년인 피해자를 추행하였다.

Summary of Evidence

[2013Gohap185]

1. Defendant's legal statement;

1. Each police statement made to F and E [2013 Gohap212]

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning G police statements;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment for Concurrent Crimes as provided for in Article 3 of the Judgment with the most severe punishment);

1. Article 53 of the Criminal Act for discretionary mitigation.

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