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(영문) 수원지방법원 평택지원 2014.05.21 2014고합44
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 February 6, 2014, at around 18:40, the Defendant discovered the victim C (here, 14 years of age) who was waiting for her friendship in front of the women's hall located in Pyeongtaek-ro 84-6, waiting for her friendship, and found the victim C (here, 14 years of age), her hand, and refused to do so. Although the victim refused to do so, the Defendant forced the victim to take her hand on three occasions after her hand and her hand her hand over three times, and committed an indecent act by force against the victim, who is a child or juvenile.

Summary of Evidence

1. Statement made by the defendant in this court;

1. A statement of the preparation of the victim;

1. Application of the Acts and subordinate statutes recording investigation report of police preparation; and

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. The main sentence of Article 21 (2), the main sentence of Article 21 (3), Article 21 (4), subparagraph 2 (a) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 59 of the Act on Probation, Etc.;

1. The main sentence of Article 49(1)1, (2), and (3), the main sentence of Article 50(1), Article 50(4), Article 2 subparag. 3, and Article 2 subparag. 2(a) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 45(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 7 of the Act on the Lapse, etc. of Punishment, etc. of Sexual Crimes [the scope of applicable sentences under law] from two to thirty years of imprisonment [the determination of a certain sentence]; Article 2 of the Act on the Lapse, etc. of Punishment, etc. of Sexual Crimes; Articles 49(1)1, 49(2), and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1)1 and (4); Article 45(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 7 of the Act on the Lapse, etc. of Punishment, etc. of Specific Crimes;

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