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(영문) 광주지방법원 순천지원 2014.01.23 2013고합197
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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 23:30 on July 29, 2013, the Defendant sent to the victim E (here, 18 years old), who is a student of the above school, the message “I are too waiting at the view room, I am off, I am off, I am off, I am to the view room.” The Defendant sent the message “Kakaook” to the victim, who is a student of the above school, and sent the signal to the view room.

Since then, the victim opened the door and entered the door, and reported that the life expectancy was cut off, and the Defendant entered into the door of the room by hand, and the Defendant: (a) took the victim’s back from the rear side of the victim, and prevented him from resisting the victim; and (b) “I want to do so only once, I want to do so. I want to do so soon”; (c) put the victim’s body more and as a part of the victim’s inner part in order to gather his hand, and forced the victim to commit an indecent act.

Summary of Evidence

Defendant’s legal statement

Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 58 of the Criminal Act on the Protection of Children and Juveniles against Sexual Abuse, Article 53 and Article 55(1)3 of the Criminal Act on Discretionary Mitigation of Punishment (hereinafter the following consideration) of the Act on the Suspension of Execution under Article 62(1) of the Criminal Act on the Protection of Children and Juveniles against Sexual Abuse of Order to disclose and notify the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse of Order to Attend Education is not limited to an unspecified majority of the crimes committed against the students under the direction of the defendant (the defendant is currently dismissed from position, and this judgment becomes final and conclusive, the defendant is in a normal social activity and has no criminal history until the case becomes final, the extent of the indecent act is severe, and the defendant recognizes the crime of this case as the crime of this case.

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