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(영문) 서울남부지방법원 2014.02.06 2013고합465
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant from the end of April 2013 to the same year.

5. From the beginning of the second floor of the Gangseo-gu Seoul Metropolitan Government building 303, the victim D (man, 14 years old) was frighted in the bend floor of the second floor, with a view to inducing indecent acts on the part of the victim, the bend part of the part of the body of the defendant on the part of the part of the part of the victim's body on the bend floor, see the victim's body, and she can see the victim's right side, and she can see it up to the bend." The victim's self-owned hand into the bend of the victim's inner panty without any resistance, and the victim's hand "I cannot am........" The victim's hand and deducted the defendant's hand, but the 10 seconds of the victim continued to commit an indecent act on the part of the victim."

2. The Defendant from the end of April 2013 to the same year

5. During the first floor of the ductio as stated in the above paragraph (1) of this Article, the victim had the body part left side on the floor of each set of the ductio 1st century, with the mind that indecent act by force is committed against the female, and the victim's left upper part of the duct is confined to the duct of clothes with the victim's rear hand, and the female was indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the prosecutor’s statement prepared and made by D;

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) and Article 298 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [aggravating concurrent crimes with the crimes specified in paragraph (1) of the same Article which are heavier than the concurrent crimes]

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service businesses under Article 62-2 of the Criminal Act;

1. Registration of personal information under Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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