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(영문) 춘천지방법원 원주지원 2013.04.25 2013고합10
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

1. Around January 26, 2013, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) committed an indecent act against the victim D (the age of 15) who was under the influence of alcohol on the street in front of the prime city cel on the street before the prime city on January 26, 2013, and had the victim's chest only once with the victim's finger hand.

While the defendant was used on the floor after having pushed E as described in paragraph (2), the defendant was able to commit an indecent act against the victim again by causing the victim's injury and committing a defective act.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. When the Defendant received a claim from the victim E (at 16 years of age) when he delivered D’s chest at the above temporary location, the Defendant inflicted injury on the victim, by making the victim’s shoulder with her finger hand, thereby causing approximately 10 days of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to photographs and diagnostic instruments;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 257 (1) of the Criminal Act concerning the crime (the occupation of injury and the choice of imprisonment);

1. From among concurrent crimes, the aggravation of concurrent crimes within the scope of adding up the long-term punishment prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act to the punishment heavier than that prescribed by the Act on the Protection of Children and Juveniles against Sexual Abuse;

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

1. Reasons for sentencing under Articles 38 (1) 1 and (3), 38-2 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The range of applicable sentences: Imprisonment of six months to eighteen years.

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