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(영문) 춘천지방법원원주지원 2020.12.17 2020고합25
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for a term of two years and two months.

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

Reasons

Punishment of the crime

The defendant came to know with the victim B(14 years of age) and C(14 years of age) while protebane is prote.

1. Crimes against the victim B;

A. On October 6, 2019, the Defendant committed an indecent act against the victim, who is a child or juvenile, by approaching the victim from the EPC bank located in Kuju-si around October 6, 2019.

B. On November 3, 2019, around November 3, 2019, the Defendant committed an indecent act against the victim, who is a child or juvenile, by taking the victim’s sexual organ one time in the above EPC room.

C. Around November 16, 2019, the Defendant committed the crime in the above EPC room around November 16, 2019, committed an indecent act against the victim, who is a child or juvenile, by making the victim’s sexual organ one time by the aforementioned method.

2. Crimes against victims C;

A. On October 27, 2019, the Defendant committed the crime, around October 27, 2019, committed an indecent act against the victim, who was a child or juvenile, by approaching the victim in the above EPC room, and forced him/her to take his/her sexual organ one time by hand.

B. Around November 20, 2019, the Defendant committed the crime at the above EPC bank around November 20, 2019, committed an indecent act against the victim, who was a child or juvenile, by force, by setting the victim’s sexual organ once in one-time manner.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the investigation of each police statement with respect to B and C (verification of Suspect A’s use of EPC by the suspect) statute shall apply;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment with labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed by the Act on the Protection of Children and Juveniles against Sexual Abuse on November 20, 2019), among concurrent crimes;

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. The conditions of suspended execution under Article 62(1) of the Criminal Act are favorable to the reasons for sentencing.

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