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(영문) 대전지방법원 천안지원 2014.11.12 2014고합194
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 April 1, 2014, the Defendant and the person subject to attachment order and the person subject to probation order (hereinafter “Defendant”) committed an indecent act by force against the victim C (one-one-five years of age) and the victim’s relative D (one-one-one-one) who were aware of in a usual manner, on the part of the victim’s left part while going to the way with two persons, following the Defendant and the person subject to attachment order and the person subject to probation order (hereinafter “Defendant”) of the Act on the Protection of Children and Juveniles against Sexual Abuse, committed an indecent act by force against the victim by putting the victim’s chest in a e-mail where the victim was suffering, and putting the victim’s chest in a second and third place on the part of the victim’s chest.

2. On the ground that the Defendant was in the vicinity of the above place at the time set forth in Paragraph 1 of the Violence Act, the Defendant used the paths prior to the victim C and the victim D (one-five years of age). The Defendant again used the victim C to have a shoulder to the victim C, i.e., "the victim C is fluort fluort fluort fluort fluort fluort fluort fluort fluor" and the victim D also used the victim at one rate after she fluort fluort fluort fluor fluort fluort fluor fluor fluor fluor fluor fluor fluor fluor flu

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

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 260 (1) of the Criminal Act concerning criminal facts (the point of violence and the choice of imprisonment);

1. From among concurrent crimes, 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 each of the crimes prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse, the largest punishment)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The Criminal Act, the suspension of execution;

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