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(영문) 서울동부지방법원 2014.05.08 2014고합53
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the above punishment shall be executed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The defendant is a middle school club of C, and the victim D (n, 16 years of age) is a female-friendly Gu of C.

1. On December 21, 2013, at around 23:00, the Defendant committed an indecent act by force against the victim, such as: (a) on the part of the Defendant’s house located in Songpa-gu Seoul, and (b) on December 21, 2013, when C returned home with the mother’s mother, and returned home to the Defendant, and she left home with the victim’s room; (c) Company A himself gets her her hand by inserting her clothes on the victim’s own her clothes; (d) the victim she talked with her chest; (e) the victim she she was frighted with her hand; and (e) the Defendant continued to have her hand her hand and her hand her

2. Around 13:00 on the lower order (23. or 24.) 13:00 on December 2013, 2013, the Defendant forced the victim to commit an indecent act by force, such as taking the victim’s face by hand and kiscing the cresh of the victim with the victim and C, while together with the victim in Songpa-gu Seoul.

3. On December 25, 2013, the Defendant: (a) committed an indecent act by force against the victim, such as taking the victim’s face by sudden loss, kiscing the victim’s kisck, kiscing the victim’s face; and (b) forcing the victim to kisc on the part of the victim and C.

4. On December 25, 2013, the Defendant, at the home of the Defendant, committed an indecent act by force against the victim, on the part of the victim and C, by using the gap in which C was located together with the victim and C, and by using the victim’s chest on his/her own hand, he/she committed an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

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. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes (aggravating concurrent crimes with punishment prescribed for a crime on December 21, 2013, with the largest penalty);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Order for the protection of children or juveniles against sexual traffic;

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