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(영문) 의정부지방법원 고양지원 2015.04.10 2015고합15
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date of confirmation of the above judgment.

Reasons

Punishment of the crime

around October 2014, the Defendant was admitted to D in Il-dong, Yongsan-gu, U.S. and the victim E (the age of 13) was admitted to the above facility around November 2013.

1. On October 16, 2014, between 01:00 and 03:00, the Defendant entered the room of the victim, who was engaged in the pleasure room in the pleasure room in the first floor living room of the above facility, and met the part of the victim’s clothes, scambling the body of the victim, scambling the body of the victim, expressing his intention of refusal, and forcing the victim to scam and scam the victim’s sexual organ, and inserting the victim’s sexual organ into the part of the defendant’s port, and inserted the victim’s sexual organ into the part of the defendant’s resistance.

2. On October 18, 2014, from around 03:00 to 06:00, the Defendant entered the place specified in paragraph (1), and opened nextly, after the victim’s being able to take care of, put his hand in the clothes of the victim, and met the victim’s sexual organ, “not to punish,” and “not to punish,” and “not to punish,” and expressed his intention of refusal, and forced the victim to go against, the victim’s sexual organ, and inserted his sexual organ into the victim’s resistance.

As a result, the defendant committed a similar act by inserting sexual intercourse into the victim's resistance through two times.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on prosecutor's statement to E;

1. Article 7 (5) and (2) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes with punishment determined for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse on October 18, 2014, heavier penalty for concurrent crimes];

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 21 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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