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(영문) 의정부지방법원 2017.06.15 2016고합439
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant reported a marriage on April 23, 2010 to the mother E of the victim C (n, D) and on April 23, 2010. On October 6, 2015, the Defendant was divorced by divorce conciliation at the District Court of the Republic of Korea.

1. On June 2013, the Defendant: (a) followed the victim from the Defendant’s house F, 202, the Defendant committed an indecent act against the victim, who is a child or juvenile, by force, committed an indecent act against the victim, who was a child or juvenile.

2. On January 2013, the Defendant committed an indecent act against the victim, who was a child or juvenile, by putting the victim’s bridge, coming from the Defendant’s home at the bar of the above Defendant, into the sake-gu of the Defendant, and by force.

3. The Defendant committed an indecent act against the victim, who was a child or juvenile, by force, by leaving the victim’s bridge seated from the above Defendant’s house to January 2015, 201, to prevent him/her from leaving the bridge, and by committing an indecent act against him/her.

Summary of Evidence

1. Partial statement of the defendant;

1. Part concerning the defendant's partial statement in the first trial record;

1. The statements of witnesses C and E recorded in the file for recording a witness examination among the second public trial records;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes governing C foreigner registration certificates;

1. According to Article 7(5) and (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); Article 298 of the Criminal Act (amended by Presidential Decree No. 11572, Dec. 18, 2012); Article 1 of the Addenda of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Jun. 19, 2013; hereinafter referred to as “the date and time of the crime” referred to in paragraph (1) of the same Article; and the date and time of the crime referred to in paragraph (2) of the same Article is deemed as “the date and time of the crime”.

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