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(영문) 춘천지방법원 2017.01.13 2016고합107
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant is a person who lives together with the victim C (n, 14 years old)'s mother D and the victim D.

1. On December 2, 2015, at the first order of 00:00, at the victim’s residence located in Chuncheon City, the Defendant had the mother of the victim committed an indecent act against the victim with his/her home while working on behalf of the victim, and had the victim’s hand, who was living in the ward, knife in the defendant’s clothes, put the victim’s hand in his/her inner clothes, and put the victim’s hand on the defendant’s sexual flag.

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

2. On February 2, 2016, around 21:00, the Defendant: (a) committed an indecent act against the victim at the victim’s mother’s entrance in the kitchen at the above place; (b) committed an indecent act against the victim; and (c) putting the victim’s hand in the inner room with the victim’s own inner part; and (d) rhum with the chest’s chest, and rhum with the victim’s panty; and (c) rhum with the panty.

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

3. On July 16, 2016, at around 16:00, the Defendant: (a) committed an indecent act against the victim at the victim’s room at the above location; (b) committed an indecent act on the victim’s clothes; and (c) kidds the chest and fry with the chest on the part of the victim’s own clothes; and (d) kids the chest by putting the panty and fry on the panty; and (c) exposed the panty to the panty and fluor.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records at the Gangseo-gu Seoul Special Metropolitan City Center (the statement of a victim);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 7 (3) of the Act on the Protection of Juveniles from Sexual Abuse, and Article 298 of the Criminal Act, which provide for the relevant legal provisions and the choice of punishment for each of the crimes;

1. Crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act, which are subject to aggravated concurrent crimes (an indecent act by force) of the Act on the Protection of Children and Juveniles against Sexual Abuse on July 16, 2016, with the largest penalty.

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