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(영문) 춘천지방법원 원주지원 2014.03.20 2014고합9
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a DNA convenience store in the original state C.

1. On January 1, 2013, the Defendant committed an indecent act by force against the victim, who had taken part in an interview with the victim E (at 16 years of age) who was found in order to use her part at the above convenience store, after completing an interview with the victim E (at 16 years of age), to force the victim to use her arms.

2. On January 1, 2013, at around 13:00 to 14:00, the Defendant: (a) committed indecent act by compulsion against the victim, who was suffering from working clothes at the inside office of the above convenience store; and (b) committed indecent act by compulsion against the victim by inducing the victim into double arms.

3. The Defendant, as described in paragraph (2), committed a crime at around 13:0 to 14:00 on the day following the day on which he committed the crime, committed an indecent act by inducing the victim to exert clothes at the inner office of the above convenience store, and by inducing the victim to sell his arms, and by inducing the victim again from the victim’s back to the end.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to E by the police;

1. Application of the police protocol of statement to F;

1. Article 7 (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) and Article 298 of the Criminal Act concerning criminal facts;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse as stated in paragraph (3) of the same Article with the largest sentence);

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

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

1. Article 62-2 of the Criminal Act, the main text of Article 21(2) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11690, Mar. 23, 2013).

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