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(영문) 청주지방법원 2015.09.11 2015고합107
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
Text

A defendant shall be punished by imprisonment for a term of one year and eight 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

At around 06:00 on May 25, 2015, the Defendant: (a) drinked the victims E (the 18-year-old), the victim F (the 18-year-old-old-old-old-old-old), and the victims of the alcohol in the room of “Dnoman’s room” located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu.

The Defendant: (a) under the influence of alcohol, the Victim F was able to buck the victim E’s bucks that he was able to fill the creb in toilets; (b) knick the chest of the female; (c) knick the victim F into the side by putting the victim F on the spuck; (d) knick the female’s buck, knick on the spuck; (c) knick, knick, knick, knick, and knick, knick, and knick, and knick the female’s panty, but that female was knick up once by inserting the female’s panty, and knick.

Accordingly, the defendant committed indecent acts by taking advantage of the state of mental disorder of the juvenile victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes on investigation reports (Attachment to Kakao Stockholm dialogue);

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Articles 29 and 298 of the Criminal Act, which provide the corresponding legal provisions and select punishment for the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides community service and attend lectures;

1. The exemption from disclosure order and notification order under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the fact that the defendant misleads and reflects his/her wrongness, the fact that there is no record of criminal punishment, the age, family environment, social relationship, relationship with the victims, the background of the instant crime, and the disclosure order or disclosure order of this case.

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