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(영문) 서울북부지방법원 2013.05.10 2013고합92
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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

Punishment of the crime

1. Around 08:00 on November 11, 2012, the Defendant committed an indecent act against the victim, such as: (a) by putting the victim D (hereinafter referred to as 15 years of age) on the side of the Defendant, putting him/her into the victim’s body, holding him/her her his/her fingers on the victim’s surface; and (b) putting him/her in the victim’s body; and (c) forcing him/her to put him/her her kis into the victim’s body.

2. On November 18, 2012, at around 20:00, the Defendant: (a) discovered the victim D in the ward for the child care center at issue; and (b) caused the victim’s panty ties to gather her hand on one occasion by inserting her hand; (c) by inserting her hand into the victim’s panty ties; and (d) her finger in the victim’s panty ties; (b) her fingers the victim’s sexual organ into the victim’s panty ties; and (c) her the victim’s sexual organ was boomed once again; and (d) committed an indecent act by force against the victim by forcing the victim, such as by leaving her chests one time to walk the victim’s chest, and leaving her chest each other on one occasion.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the victim's green forest (section II);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes concerning a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse on November 18, 2012, whichever is heavier];

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 extenuating circumstances among the reasons for sentencing);

1. Probation and community service order under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 (1) of the Act on Probation,

1. The main sentence of Article 13 (1) and the main sentence of Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Protection of children or juveniles against sexual traffic who are subject to notification;

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