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(영문) 전주지방법원 군산지원 2014.07.18 2014고합69
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 2, 2011, the Defendant: (a) taken a bath with the victim C (the age of 16) and the victim D (the age of 17) known through C; (b) took a bath; (c) provided approximately 1-20,000 won of cash to the victims on the face of the victims who take a bridge with their own scambling and scambling them; and (d) took a bath to the victims by taking a bath and taking them out for their bath; and (c) took them out to the victim with no person and forced them to commit an indecent act.

1. On February 2012, the Defendant called the victim C (the 16-year-old age) by phoneing the victim C (the 16-year-older) in the vicinity of the F Bather in the YYYYYE, the Defendant brought the victim G (the 16-year-older) of C and C’s sexual intercourse with the victim G (the 16-year-older-older-older) by drinking the victim for a bath. The Defendant committed an indecent act in the direction opposite the victims by taking the victim’s sexual organ toward the 10-minuteer’s sexual organ with the victim’s own hair and hand.

2. From February 2012 to March 2, 2012, the Defendant made a phone call to the victim D (the 17-year-older) (the 17-year-older) in the vicinity of the Hasan Sinsan-si, North Korea, and made the victim J (the 16-year-older) of D and D’s sexual intercourse with the victim J (the 16-year-older) to take the bath together, and, in the manner described in paragraph (1), committed an indecent act by taking about 10 minutes of the victim’s sexual organ from the body of the above bath in the manner described in paragraph (1).

Accordingly, the defendant committed an indecent act on the victims of juveniles more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of prosecutorial statement against C, D, and J;

1. Application of Acts and subordinate statutes concerning G police statements;

1. Article 7 (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); Article 298 of the Criminal Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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