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(영문) 대전지방법원 천안지원 2014.11.12 2014고합208
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

1. The Defendant was a person who operates a windowping point with the trade name “D” in the Gangnam-gu, Dong-gu, Dong-gu, Seoul, and the victim E (the victim, the female, and the age of 17) was an employee from the windowping point.

2. Criminal facts;

A. On April 20, 2014, the Defendant committed an indecent act by compulsion against the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) around April 20, 2014 by: (a) the Defendant committed an indecent act by force against the victim in a manner that he/she took the victim’s son and son’s son and son’s son’s son and son’s son’s son’s son and son’s son’s

나. 2014. 5. 7.경 아동청소년의성보호에관한법률위반(강제추행) 피고인은 2014. 5. 7. 15:00경 위 분식점에서, 피해자가 유리창을 닦고 있는 사이에 피해자의 뒤로 접근하여 피해자의 귓볼에 입을 맞추는 방법으로 피해자를 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a report on investigation (such as the details of receipt of the case), investigation report (referring to the G counterpart investigation of witnesses);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act that stipulate the relevant Articles of the Act and the choice of punishment for the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [aggravating concurrent crimes with the punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse on or around May 7, 2014, heavier penalty for concurrent crimes];

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse have no record of being punished for a sexual crime, and the circumstances and details of the instant crime.

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