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(영문) 대구지방법원 경주지원 2015.10.02 2015고합12
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

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

A. On October 27, 2012, the Defendant, at around 16:00 on October 27, 2012, discovered that he was in the victim E (here, 16 years of age)’s house in the victim E (here, 16 years of age) and was able to rape the victim.

The Defendant had sexual intercourse once with a female, who had been under his own possession in the victim's room, had the female's body cut up with his hand so that the female's shoulder can not be divided into a son's shoulder and failed to resist.

Accordingly, the defendant raped the victim who is a child or juvenile.

B. On November 3, 2012, the Defendant found at the same place as the preceding paragraph at around 19:00, and came to know of the fact that the Defendant was in the victim’s married house, and tried to rape the female.

The Defendant, at the victim's room, pushed up the victim's body with his hand, caused the female's shoulder to be divided into his hands and prevented the female from resisting it, and has sexual intercourse once with the female.

Accordingly, the defendant raped the victim who is a child or juvenile.

2. Around 14:00 on August 20, 2012, the Defendant discovered a victim who was laid down a scatum on the scatum on the scatum of the first and second classes of G High School located in the G High School F, leading him/her to drinking his/her chest, leading him/her to drinking his/her breast, and put his/her finger under the scatum of the victim, and became the chest of the female.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. Application of the statutes in which some statements are written in the prosecutor's interrogation protocol against the defendant

1. Article 7(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply); Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse; Article 298 of the Criminal Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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