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(영문) 광주지방법원 2013.07.11 2013고합256
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

Criminal facts

On March 19, 2013, the Defendant: (a) around 19, 2013, at the “D” operated by the Defendant; and (b) at the “D” operated by the Defendant, the Defendant had the Victim E (here, 15 years of age) who is his or her husband’s father.

At around 16:30, the defendant completed his work and called as the victim who intends to put in the house into the warehouse, and later, he gets the victim into the warehouse, and kn's kn't kn't kn't kn't kn't kn's kn't kn't.

Accordingly, the victim was tightly aware of the victim's suffering from the victim's inception by drawing the victim more, and the victim said that "I see. I do so by taking the victim's left hand on the part of the defendant's sexual organ, and then I see. I am. I am. I am. I am. I see it by taking the third village.

Accordingly, the victim got out of the defendant's body by pushing the defendant, and the defendant got out of the defendant's body, and the defendant got out of the chest of the victim's body.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police against E (No. 2 No. 5 of the evidence list);

1. Application of statutes on site photographs;

1. Relevant legal provisions on criminal facts, Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012); Article 298 of the Criminal Act

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

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), the main sentence of Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In light of the favorable circumstances that are considered as the grounds for sentencing under the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, it is difficult to deem that the Defendant is likely to recommit a sexual crime, and all other circumstances exist.

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