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(영문) 수원지방법원 평택지원 2013.06.19 2013고합58
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

At around 18:30 on January 1, 2013, the Defendant accessed the victim D (the age of 13) near Pyeongtaek-si apartment 215, and led the victim to the third male toilet of the apartment commercial building and then, “I am to find the same birth,” and “I am to close the toilet door, I am to the victim, and the sentence will be able to be able to be able to be able to get off.”

When the victim refuses this, the defendant forced the victim to go off by threatening him/her, and then forced him/her to go off, "Influence, 50,00..................................

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Application of statutes on site photographs;

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. Article 62 (1) of the Criminal Act;

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

1. In full view of the following facts: (a) the proviso to Article 38(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 38-2(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant is an initial criminal without any previous conviction; and (b) it is difficult to readily conclude that the defendant committed the instant crime by contingency; (c) the defendant is likely to teach the young age of 21 years old; (d) the defendant appears to have a significant social relation; (e) the risk of recidivism is apparent; and (e) the victim and his parents do not want to punish the defendant; and (e) the victim’s parents do not want to disclose personal information, the defendant is deemed to have “special circumstances that may not disclose personal information,” and (e) the defendant is subject to the registration of personal information and the submission of notification of personal information.

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