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(영문) 청주지방법원 2013.10.04 2012고합392
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On August 3, 2012, the Defendant: (a) committed an indecent act by compulsion by force against the victim C (the 19-year old) who is seated in front of the victim’s seat in the city bus that passed the shooting distance located in the Heung-gu Sung-gu Sung-dong, Sungdong-dong on August 15, 2012; (b) the Defendant committed an indecent act by force against the victim by exposing his hand to the right shoulder, extending to the right chest of the female.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. On December 15:00, the Defendant found the victim E (V), who was on the street in the apartment complex located in the Heung-gu Seoul Metropolitan City, Seo-gu, Seodong-gu, Cheongju-si, and forced the victim to commit an indecent act by force, according to his own influence, according to his own influence, the Defendant committed an indecent act against the child.

B. At around 15:50 on July 8, 2012, the Defendant: (a) placed his/her strict fingers in the elevator of the apartment located in Heak-gu, Soung-gu, Chungcheongnam-gu; (b) laid down his/her strict fingers in the elevator of the apartment located in Heak-gu; and (c) committed an indecent act by force against the victim, who is a child.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of the C Preparation;

1. Recording records of each statement or recording, and stenographic records in each protocol;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act on the choice of punishment, Article 298 of the Criminal Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); Article 7 (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 201);

1. Of concurrent crimes, the aggravated punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with the punishment provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims with the largest punishment and circumstances);

1. The Defendant, under Articles 10(2) and (1), and 55(1)3 of the Criminal Act for mitigation of mental disorders, suffered from brain damage due to the aftermath of traffic accidents related to performance of official duties while in military service, and has a 2nd degree of delay due to the qualitative personality and behavior disorder, dampness, impulse disorder, and impulse disorder, etc.

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