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(영문) 수원지방법원 안산지원 2015.02.06 2014고합341
아동ㆍ청소년의성보호에관한법률위반등
Text

1. The defendant shall be punished by imprisonment for three years;

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

3.

Reasons

Punishment of the crime

1. At around 10:40 on July 27, 2014, the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) performed drinking together with the victim E (the 19 years old), who is an employee of the main shop operated by the Defendant, while drinking together with the Defendant’s employee E (the 19 years old), the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) met the upper part of the victim’s chest by inserting his hand into the clothes.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. On August 21, 2014, at the same place around 06:30 on August 21, 2014, the Defendant, while drinking alcohol together with the victim F (the age of 18) who became aware of through the employee of the main shop operated by the Defendant, the Defendant was unable to get off the victim, who was divingd in the bed while under the influence of alcohol, and was off his clothes of the victim by inserting his finger into the bed, putting his finger into the bed, cut off the victim’s chest, cut down the victim’s chest, cut down the victim’s chest by her finger, cut off the victim’s chest by hand, and met the victim’s chest by hand, while trying to engage in sexual intercourse, the Defendant was unable to bring the victim into sexual intercourse, and to bring the victim to resist and resist.

As a result, the defendant attempted to have sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Points of indecent acts by compulsion;

(a) Defendant's legal statement;

(b) Police statement of E;

2. The occupation of the attempted child or juvenile quasi-rape;

(a) Partial statement of the defendant;

(b) Police statement concerning F;

(c) A written appraisal;

(d) Closed-circuit television (CCTV) video recorded in the CD;

(e) Application of each statute of photography

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of indecent act by compulsion: Article 298 of the Criminal Act;

B. Attempted child or juvenile quasi-rape: The indictment in Article 7(6), (4), and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is written as “paragraph (3)” but it is obvious that it is a clerical error.

Article 299 of the Criminal Act

2. The former part of Article 37 and Article 38(1)2 of the Criminal Act to increase concurrent crimes.

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