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(영문) 인천지방법원 부천지원 2014.07.04 2014고합70
아동ㆍ청소년의성보호에관한법률위반(유사성행위)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant, through mobile phone hosting, tried to drinked the victim D(M, 18 years old) and victim E(M, 18 years old), and tried to go to the DV film board.

On 00:20 on 00:20 on 01, 201, the Defendant was willing to commit an indecent act against the victims while appearing together with the victims in 5 GVD motion picture rooms located on the second floor of the F building in Bupyeong-gu, Seocheon-gu, Busan.

1. The Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) committed a crime by forcing the victim’s D’s losses by force using the aforementioned dates and places where E had been divingd, thereby suppressing the victim’s resistance, and then falling below the victim’s side glass, bucks and bucks.

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

2. The Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (similar act) committed an indecent act against D at the same time and place as set forth in paragraph (1) above, divided the victim E’s chest and shoulder, pressures the victim’s resistance, put his/her finger into the victim’s clothes, booms the victim’s chest, booms the victim’s chest, booms the victim’s fingers, and booms the victim’s fingers.

Accordingly, the defendant forced the victim, who is a child or juvenile, to act of similarity.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. A H statement;

1. Application of police investigation report-related Acts and subordinate statutes;

1. Relevant Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 7 (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which are applicable to the crime;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the punishment);

1. Discretionary mitigation;

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