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(영문) 의정부지방법원 2014.05.15 2013고합513
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
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

Criminal facts

1. On October 3, 2013, the Defendant committed an indecent act by compulsion by force against the victim C (hereinafter “the victim”), who is taking money from Jinyang-si ATM machines located in Jinyang-si, Jinyang-si, Jinyang-si, Jinnam-si, 789-28, on October 3, 2013, she committed an indecent act by force by force, such as the victim’s her meast, her knife, and her knife at the first ATM

2. Around 04:00 on October 5, 2013, the Defendant committed an indecent act by force against a child or juvenile victim, on the ground that he/she was divingd in a female inland waters located in the “Esacona” located in the Namyang-si, Namyang-si, and that he/she was fluored by force on the part of the victim F (M, 18 years of age).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and F;

1. On-site photographs and CCTV photographs;

1. Application of Acts and subordinate statutes to a investigative report (such as dispatch situation at the site, etc., suspect check-backed cards);

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

1. Aggravation of concurrent crimes among concurrent crimes as prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments of the above two crimes)

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

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

1. Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Determination on the assertion by the Defendant and his/her defense counsel under Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The summary of the assertion was that the Defendant s/he was s/heed in the victim’s her butt or chest, but there was no intentional indecent act by the victim’s her her butt, chest, and her part.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by the court, i.e., victims.

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