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(영문) 춘천지방법원 강릉지원 2014.10.30 2014고합91
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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. On July 26, 2014, the Defendant, at the large room of the Defendant’s house located in Gangnam-si B and 2, 04:0 on July 26, 2014, performed drinking together with three drinking activities, including the victim C (the victim C, 18 years old), and the victim was lying down on the part of the victim’s gate, she was lying the victim’s chest, she was able to collect his/her fingers, and her fingers by inserting his/her fingers into the part of the victim’s gate, and committed an indecent act by force on the part of the juvenile.

2. After that, the Defendant, at least 07:30 on the same day, committed an indecent act by force against the victim, who was a juvenile, by inserting his hand into the part of the victim’s Titrts, who was under the influence of a small room, at least 07:30 on the same day, and by inserting his hand into the part of the victim’s Titrts, who was under the influence of the damage.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

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. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes resulting from a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, around July 26, 2014, around 07:30, with heavy criminal penalty];

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 consideration shall be made again for the reason of sentencing);

1. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides orders to attend lectures and provide community service orders;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the fact that the defendant was sentenced to a fine due to an indecent act in an open place) is committed against the victim, but the crime of this case is committed against the victim.

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