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(영문) 청주지방법원 2015.09.11 2014고합288
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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 becomes final and conclusive.

Reasons

Punishment of the crime

On August 18, 2014, around 01:00, the Defendant discovered that the victim C (the 15-year old) was seated in a congested passenger, and entered the victim’s house at the Cheongju bus terminal located in the Heung-gu Seoul Metropolitan City, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju-si, and entered the Felel 705 in the Heung-gu E in the operation of the Defendant and entered the victim’s house.

피고인은 위 모텔에서 피해자와 같이 대화를 하고 TV를 보던 중, 같은 날 03:00경 피해자를 가까이 오게 하여 안마를 해 주다가 갑자기 손으로 팔과 허벅지, 등, 허리 등을 쓰다듬듯이 만지고 옷 위로 피해자의 엉덩이, 가슴, 젖꼭지를 만졌다.

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

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement of each police statement regarding C;

1. Request for an on-site fingerprint appraisal, replys to the results of appraisal on the scene of the crime, and fingerprint identification;

1. Application of statutes on site photographs, vehicle photographs, etc., copies of student identification cards, and photographs of victims;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. In a case where a conviction on the criminal facts indicated in the judgment becomes final and conclusive, the Defendant is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

The defendant's age, details of the crime, means and methods of the crime, circumstances after the crime, family environment, social relationship, relationship between the defendant and the victim, and the defendant has been punished for sex crimes.

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