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(영문) 광주지방법원 2015.02.13 2015고합5
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

1. On September 6, 2014, the Defendant 17:00 Seo-gu, Seo-gu, 101 Dong 1604 (D) (hereinafter “instant E”) in the counseling room for the Defendant’s management (hereinafter “instant E”), where the amblock of the Victim F (F, 15 years of age, hereinafter “victim”) was placed in the hands-on floor with 2:3 amblance and amblance, and amblicked the Defendant’s chest with the above clothes, and led the Defendant to force the Defendant’s indecent act by force.

2. On September 6, 2014, the Defendant 18:20 of the instant case E, she kiddddddd the victim with the victim’s own self, and boomed his/her hand with the victim’s clothes, and led the child or juvenile victim to indecent act by force.

Summary of Evidence

Each fact in the judgment

1. Any statement made by the defendant in compliance with this Act;

1. Statement made in conformity with the statement prepared by a senior judicial police officer;

1. Statement made in conformity with the F's statement prepared by the assistant judicial police officer;

1. As a whole, each of the statements fit for the Kakao Stockholm dialogue can be recognized, there is proof.

Application of Statutes

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act that stipulate the relevant Articles of the Act and the choice of punishment for the crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment as provided for in Article 2 of the Judgment with heavier punishment);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the ground that the defendant has no history of criminal punishment, committed the crime of this case in a single and incidental manner, and the risk of repeating the crime is low

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

1. Reasons for sentencing of the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the fact of imprisonment].

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