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(영문) 전주지방법원 군산지원 2019.03.21 2018고합130
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

The defendant became aware of the victim C (a family name, female, 13 years old) and the victim D (a family name, female, 14 years old) through Dong-in B, etc.

1. At around 14:00 to 15:00 as of February 2, 2018, the Defendant committed indecent act against the victim C by indecent act against the victim C at the victim C’s house located in Gunsan-si E, with the victim’s mind to commit indecent act by drinking the victim’s hand, and thereby preventing the victim from resisting the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s bet the victim’s bet, and prevented the victim from resisting the victim’s bet the victim’s bet the victim’s bet the victim

2. On March 22, 2018, the Defendant’s indecent act by compulsion against the victim D committed an indecent act by force against a child or juvenile by drinking the victim’s mind to force indecent act by attracting the victim, making the victim not to resist, and making the victim resist, with the victim D, C, and B drinking alcohol together with the victim’s sperm around the above C’s house, and with C and B, at home, left with the victim’s house.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to each investigation report (the No. 12, 14 of the evidence list);

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, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment of concurrent crimes as provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse, which has a heavier judgment on concurrent crimes);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from disclosure and notification orders and employment restriction orders;

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