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(영문) 의정부지방법원 2015.11.12 2015고합205
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 and the victim D(the age of 15) are the adjoining residents living in the same lending complex, which are about two times.

On May 15, 2015, at around 06:50, the Defendant: (a) driven a FTF vehicle owned by the Defendant, and returned home to the school while returning home, discovered the victim who walked to the school; and (b) committed indecent act by compulsion by force on the vehicle.

The Defendant expressed that the victim will move along the way to school, thereby allowing the victim to take the string of the Defendant’s vehicle to smoke tobacco to the victim. At around 07:00 on the same day, at around 07:0, the Defendant committed an indecent act by force against the victim, such as the victim’s hand, arms, and sprinks, and sprinks in Songpa-gu Seoul Metropolitan Government, and the victim’s hand sprinks, and the victim’s sprinks, sprinks, and sprinks, and sprinks, sprinks, and sprinks, and sprinks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Investigation report (to hear statements made in victim D);

1. Each personal counseling record book and each suspect's name;

1. Four video CDs in the victim's statement;

1. Application of the Acts and subordinate statutes to close a text message sent to his/her natives;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The fact that the accused has no record of being punished for committing a sexual crime under the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the background leading to the instant crime, the circumstances after the instant crime, etc.

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