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(영문) 서울서부지방법원 2013.08.30 2013고합109
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for two 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

Around 17:00 on July 13, 2012, the Defendant drinked the victim C (the 14-year-old age), a juvenile returning home, with the intent to commit an indecent act, and she did not make clothes due to the evaluation of performance by the student enrolled at D University students, and she accessed the victim, stating that “I would create clothes if I would be able to improve physical size by performing the evaluation of performance. I would create clothes. I would like to believe that I would like to have the victim believed this in a stairs between the 1st floor and the 2nd floor in Mapo-gu Seoul, Mapo-gu, Seoul, and then I would like to reorganize the victim’s body size after the victim’s second floor, and she kneed the victim with knee, she committed indecent act against the victim by a deceptive scheme, such as the victim’s wnishing the victim’s kne, and then, she committed an indecent act during the same period between around 19th to 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of C, F, G, H, I, J, K, and L;

1. Court records (victim M);

1. Investigation report [As a result of the conference on the training of oil-related genes - Written request for appraisal, written appraisal (DNA), investigation of suspect cell phone image images, results of the CCTV CCTV analysis conducted in the location of the occurrence - CCTV leakage photographs, cut-off photographs, wire-electronic conformity, gene conformity case (Seoul Mapo-Indecent Act by compulsion], CCTV photographs at the scene of the crime (on the face of the suspect's victim), uniforms, gene analysis request, inquiry report, appraisal request, written appraisal request, cell phone image CD in CCTV at the damaged site, cell phone image CD taken by the suspect, on the site photograph of the victim, application of the law on site photograph;

1. Article 7 (5) and (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 (wholly amended by Act No. 11572, Dec. 18, 201);

1. Article 37 of the Criminal Act aggravated for concurrent crimes.

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