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(영문) 대전지방법원 2018.07.20 2018고합140
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

Punishment of the crime

1. On February 14, 2018, the Defendant is going to put the Defendant’s car parked in the D cafeteria parking lot located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, in a way that to use the toilet, the Defendant is going to put the Defendant’s car to E (V, name, age 16 at the time) who is a juvenile who was found in the above cafeteria and to F for Youth Victim F (age 14 at the time) who is a daily driving.

The victim F was on board the back seat of the defendant, and the defendant was on board the driver's seat.

The Defendant saw the body of the victim into the victim, and used the victim's left side buckbucks with the victim's own hand, and committed an indecent act by force by force, as rhumbucks with inside the victim's left side.

2. The Defendant 1 continued to board the victim E (on the same date and at the same place as the above paragraph 1, and operated the Defendant’s car and went through the road near the above restaurant, the Defendant 2 was forced to commit an indecent act by force with the victim’s left side by using the victim’s hand as it rhyths and continuously dyths the upper part of the victim’s left side buckbucks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor to the public prosecutor with respect to the F (tentative name) and E (tentative name);

1. stenographic records (the Daejeon Sea Center), statements recorded CDs;

1. Each photograph;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to 112 Table for Report Processing);

1. Article 7 (3) of the Act on the Protection of Juveniles from Sexual Abuse and Article 298 of the Criminal Act, which provide for the relevant legal provisions and the choice of punishment for each of the crimes;

1. An aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [an aggravated punishment for concurrent crimes prescribed for a crime of violation of the Act on the Protection of Juveniles from Sexual Abuse against Victims F with heavy circumstances];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Order to attend lectures and order to provide community service;

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