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(영문) 의정부지방법원 2020.02.18 2019고합378
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 is between the victim C (14 years of age) and the victim he/she became aware of through pro-enemy B.

1. On August 4, 2019, the Defendant: (a) committed an indecent act by force against the victim by taking advantage of the victim’s fright and panty in the Plaintiff’s Dolle Down-gun, Gyeonggi-do, Gyeonggi-do, and off the victim’s panty in a small room; (b) the victim’s sexual organ was met by hand; (c) the victim’s sexual organ was prompt upon entering the victim; and (d) the victim’s entrance was put in an indecent act by force.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

2. On August 13, 2019, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Quasi-Indecent Act by compulsion) committed an indecent act by force as soon as the victim was fright away from the victim’s panty and panty, who was divingd by the victim at the place under paragraph (1).

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental or physical disorder or non-fluence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a report on internal investigation (the submission of a Messenger conversation made by the victim with the suspected victim);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 7 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3 (1) of the Act on Welfare of Disabled Persons;

1. Children or juveniles exempt from the disclosure order and notification order;

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