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(영문) 인천지방법원 2015.10.14 2015고합363
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

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

1. On March 20, 2015, at around 08:55, the first criminal defendant committed the indecent act against the victim who is a child or juvenile, by forcing the victim F. (hereinafter referred to as “F. 30,000 won of offing, 30,000 won of offing, and 10,000 won of buckbucks,” while having the victim F. 30,000 won of offing, 60 electric fire fighting boat in front of, and f. 30,000,000,000,000,000,000).

2. Around 09:00 on March 20, 2015, the second criminal defendant was forced to commit an indecent act against the victim, who is a child or juvenile, on the part of the victim, by holding the victim G (hereinafter referred to as “the victim, who is 17 years of age, will be off 30,000 won of the victim’s bridge” to “the victim, who is off kyke, will be off 30,000 won of the victim’s bridge with the victim’s own hand.

3. On March 20, 2015, at around 09:05, the third criminal defendant committed an indecent act against a child or juvenile by force, such as: (a) the victim H (the 17-year old) who set up his body in front of the Dong-dong Fire Fighting House, Jung-gu, Incheon, Jung-gu, Seoul, with the victim’s own hand, was able to use his/her shoulder with the victim while playing a shoulder with the victim; and (b) the victim was able to write down his/her shoulder with his/her hand; and (c) the victim’s neck was heeped with his/her hand, and hicked with his/her bridge.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of the victims;

1. Application of Acts and subordinate statutes to investigation reports (where a suspect commits a crime, accompanying photographs, and accompanying statements of the victim);

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;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims H with heavy criminal penalty];

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.

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