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(영문) 서울동부지방법원 2013.03.21 2013고합14
아동ㆍ청소년의성보호에관한법률위반(강간등)
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

Punishment of the crime

On September 16, 2012, at around 09:20, the Defendant, from the stairs of the 15th floor of Seongdong-gu Seoul Metropolitan Government, there was a warning to the victim (the age of 17) who was living on the lower floor of the Defendant’s house, was moving the victim to the above place, sitting the victim into the stairs, cutting the knick, cutting the knick onto the stairs, cutting the knick, cutting the knick, and stopping the knick, but continued to do the knick of the victim.

The Defendant: (a) stated that the victim gets off the victim’s knee, and knee, knee, and knee knee knee with a single hand, and did not resist the victim’s hume with the victim’s hume, and the victim’s hume with another hand, and did not resist the victim’s hume “wee not to send it to the house”; and (b) did not resist the victim’s hume with the victim’s clothes, knee kne and kne hume with the victim’s hums.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Statement made by C of a witness in the second protocol of trial;

1. The statement of a victim recorded in a statement video recording;

1. Report (general), investigation report (the residence of a suspect and specific investigation), investigation report (specific suspect), investigation report (in-depth CCTV-related investigation);

1. Application of the Acts and subordinate statutes to the victim boom photographs, CCTV photographs, Kakao Stockholm photographs;

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

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

1. Article 13 (2) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 38 (1) and the proviso to Article 38-2 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse exempted from an order of disclosure or notification: Any of the grounds for exception to an order of disclosure or notification under the proviso to Articles 38 (1) and 38-2 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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