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(영문) 인천지방법원 2017.02.03 2016고합714
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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

On June 2016, the Defendant committed an indecent act against the victim by taking advantage of the fact that the victim E (here, 16 years of age) who is a father of a person related to domestic affairs, was unable to report his/her indecent act even if he/she forced the victim to commit an indecent act.

1. On June 12, 2016, the Defendant: (a) around 21:30 on June 12, 2016, around the G station located in Bupyeong-gu Incheon, the Defendant: (b) directed the victim to leave the house in front of the G station in Bupyeong-gu, Incheon; (c) parked the said vehicle to a nearby parking lot in the JJ high school located in Bupyeong-gu, Incheon; (d) made it fit for the victim; (c) put the victim’s finger into the victim’s inner part; and (d) committed an indecent act by force against the victim by inserting the victim’s chest into the victim’s inner part; and (d) putting the female’s finger and resistance into the victim’s inner part.

2. On June 2016, the Defendant: (a) committed an indecent act by force against the victim, such as: (b) the victim, who had completed a movement in a nearby park around 21:00, was on board the Defendant’s house; (c) arrived at the back of the Incheon Bupyeong-gu K Middle School; (d) the victim was on the said vehicle at the back of the said vehicle at the middle of the Incheon Bupyeong-gu K secondary school; and (c) the victim was on the plane located on the nearby weekend farm; (d) the victim was frightd with the victim; (e) the victim was frightd with his hand; (e) the chest was frighted into the part of the victim; (e) the victim’s finger was frighted into the part; and (e) the victim’s sound and resistance was frighted into the part of the victim; and (e) the victim was frightd with his

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of statutes to record recording of the victim's video recording;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act that select the relevant criminal facts;

1. Crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse as stated in Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which are aggravated concurrent crimes, (2).

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