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(영문) 의정부지방법원 2015.06.10 2014고합324
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

(e).

Reasons

Criminal facts

1. Around 00:50 on March 29, 2014, the Defendant committed an indecent act by force against a juvenile on the part of the victim C (the 17-year-old age), following the victim C (the 17-year-old age), who was married in front of the 66-government Doctrine point at the 66th Government Doctrine point.

2. At around 02:50 on March 29, 2014, the Defendant committed an indecent act by compulsion by compulsion by force, following the victim E (the victim E, 26 years of age) who was married in the vicinity of D, on his/her own, committed an indecent act by compulsion by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes to credit card sales slip (F convenience store), CCTV photographic records, field map, non-fracker card holders' personal information reply, and foreign vessel information inquiry data;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 298 of the Criminal Act, 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 (within the scope of the sum of the periods of each of the above crimes)

1. Article 62 (1) of the Criminal Act (The following sentencing grounds shall be taken into account the sentencing conditions under Article 51 of the Criminal Act);

1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the special circumstances in which the defendant is unable to impose an order to attend a lecture on him/her when considering all circumstances, such as that it is difficult for the defendant to expect smooth implementation of such order because he/she falls under a person subject to compulsory deportation

1. Exemption from an order of disclosure and notification;

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