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(영문) 의정부지방법원 2013.10.25 2013고합329
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

At around 12:00 on June 27, 2013, the Defendant: (a) used the fact that the victim D (the 13 years of age) was in parallel with the victim E in order to play together with the Defendant’s sheshesheshesheshesheshesheshed, thereby not allowing the victim to easily refuse the victim’s own horse; (b) taken the television at the inside and outside of it; (c) made the victim take charge of the Defendant’s bridge; (d) sent the victim the her her shed to her her scream; and (e) sent the her her scream to her scream; and (e) her she left with the victim, by inserting his her her her her her her finger with the victim’s her mother, and her her her her son was her mother by taking the victim’s her her chest and continuing to have the victim’s her her her son with the victim’s her her son.

Accordingly, the Defendant committed indecent act against the child or juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. A statement made in D contained in a statement recording CD;

1. The application of Acts and subordinate statutes to the police statement of E (the first time);

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, concerning the relevant criminal facts and the choice of punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Taking full account of the following: (a) there is no history of punishment for a sex offense against a criminal defendant under the proviso to Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (b) the criminal defendant committed the instant crime somewhat contingent and did not assault and threaten the victim; and (c) it is difficult to see that the criminal defendant is highly likely to recommit a sex offense in light of the motive and method of the instant crime; and (d) the character and conduct environment of the criminal defendant.

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