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(영문) 수원지방법원 2014.10.14 2014고합311
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for not less than two years 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. On June 6, 2014, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) committed an indecent act by force against the victim by forcing him/her to use his/her chests and shoulders by rhing the victim D (nick, 16 years of age) residing alone before the first floor of the building C in Masan City, by approaching other victims’ crehs where the victim shoots an elevator burner and waiting.

2. Around 23:55 on the same day, the Defendant caused the injury by indecent act by indecent act: (a) drive away the victim E (n, 32 years of age) returning alone on the street near the 203-dong, Osan-ju Apartment apartment house, which is located in the 203-dong, in order to let the victim take back once the back of the victim's back to the floor of hand; (b) the victim gets out of the victim's bridge and tried to take back the victim's bridge as the victim, but (c) the victim gets out of the victim's face and back of the victim's back to the 206-dong entrance, thereby resulting in the victim's head flab and the victim's head flabing the victim's head requiring approximately three weeks medical treatment.

3. At around 00:01 the following day, the Defendant intruded the victim’s residence by putting the front door of the apartment in which the victim Firs on the first floor of the apartment is residing, and then putting the head into the window and putting the window into the window, thereby complying with the actions of the victim’s mother and female.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, E, and D;

1. Investigation report (survey of separation distance at the site of the occurrence of the incident against force majeure by force, and investigation of CCTV recording data on the site of the incident);

1. Determination as to the assertion of the defendant or his/her defense counsel, such as a medical treatment certificate, a damaged photograph, and a death diagnosis certificate

1. The gist of the assertion is that the injury inflicted on the victim of the crime of indecent act by compulsion in this case is not caused by the act accompanying the victim in the course of indecent act by compulsion, and thus, the crime of indecent act by compulsion can be established.

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