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(영문) 전주지방법원 군산지원 2015.07.09 2014고합206
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
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Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of KRW 5,00,000.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendants and D are mutually-friendly, and they were playing in the Wancheon Bathing Beach through E with the victim’s daily activities.

1. Defendant A stated in the indictment that “05:00 on August 12, 2014,” the date and time of the instant crime is “05:00 on August 11, 2014,” but it is evident that the date and time of the instant crime is “05:00 on August 12, 2014,” according to the records of the instant case (hereinafter “Investigation Records 7, 108, 122 pages), so it is obvious that the date and time of the instant crime is “05:0 on August 12, 2014.

In the Gmine Park 103 House, Gmine-si, Gmine-si, Gmine-si, 103, under the influence of alcohol, she saw the victim H (the age of 17) who was under the influence of alcohol, she was able to put his/her finger into his/her clothes, and her chest was only her finger even though the victim did not want to do so, she was her hand, and the victim was span in his/her panty, and she continued to talk with the victim's breast and flue."

Accordingly, the defendant committed indecent act against the juvenile victim.

2. Defendant B committed an indecent act against the victim by taking advantage of the victim H’s her mar located at the same time and place as the above paragraph (1).

Accordingly, the defendant committed indecent act against the juvenile victim.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. Protocol concerning the suspect examination of the defendant A by the prosecution;

1. Application of Acts and subordinate statutes on police statements made to H;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act;

(b) Defendant B: Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act

1. Discretionary mitigation;

A. Defendant A: Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the favorable circumstances among the reasons for sentencing below)

B. Defendant B: Articles 53 and 55(1)6 of the Criminal Act (see, e.g., favorable circumstances among the reasons for sentencing) 1.

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