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(영문) 춘천지방법원 강릉지원 2016.07.21 2016고합32
아동ㆍ청소년의성보호에관한법률위반(준강제추행)등
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who associates with D(M, E, E, 30 years old, intellectual disability 3) that is the mother of the victim C (M, E, 13 years old).

1. On July 2015, the Defendant violated the Child D’s D’s Reinstatement Act (the coercion, intermediary, sexual harassment, etc. against a child) was observed by the victim C (the 12 years old at that time) who is a child at the home of the said D’s home located in the same year at the beginning of July 2015, 205, followed by the victim C, who was a child, on TV, the adult broadcast, from which the sexual intercourse between adults took place, and the broadcast was taken by inserting the hand into the inner part of D’s chest.

Accordingly, the Defendant committed sexual abuse such as sexual harassment that causes a sense of sexual humiliation to children.

2. On January 2016, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (a quasi indecent act by force) committed an act in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse at the same time on the new wall of the said D in the same year, which was divingd by the victim C (the victim 13 years old at that time) and D, D’s crebs between toilets and the victim in the toilets, and she met the victim’s chest in the after part of the toilet, she met the victim’s crebs, her part of the part of the victim, her fingers his/her fingers into his/her part, and her part of the victim’s fingers, and her part of the defendant’s sexual organ by taking the victim’s hand.

As a result, the Defendant committed an indecent act against the victim by using the victim’s potential state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. The victim’s statement recorded CDs and stenographic records thereof;

1. Stenographic records of video recording made on April 25, 2016 of D (alias)

1. Application of Acts and subordinate statutes to the relevant green forest by a victim C (a family name);

1. Relevant Article of the Act on the Protection of Children and Juveniles against Sexual Abuse, Articles 7(4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act (a indecent act by force against a child or juvenile), Article 71(1)2 and Article 17 subparag. 2 of the Child Welfare Act (a point of sexual abuse) concerning criminal facts, and the choice of imprisonment, respectively;

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, which shall be aggravated for concurrent crimes, shall be the same as the punishment provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse.

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