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(영문) 창원지방법원 2013.11.28 2013고합294
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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

At around 19:10 on September 10, 2013, the Defendant demanded the victim to deduct the vehicle installed in the parking lot from the front corridor of the 202 victim D (Woo 15 years of age) of the Kimhae-si, Kim Jong-si, the Defendant 202 caused the victim to have no parent in his house, and the victim was living outside his house, and the victim was living alone, and the victim was able to make the victim her hand of the victim who caused the drinking water, and the victim was able to do so, and the victim again requested to do so with his hand without any choice, as the victim requested to do so, she was able to look at the defendant's hand, etc., and she was forced to put the victim's chest back, she was able to fill the victim's chest, she was forced to do so, and she was forced to commit an indecent act, and she was forced to do so, and she was 3 other her hand and her hand."

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of statutes governing stenographic records;

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

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

3. The main sentence of Article 16 (2) and Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

4. In full view of the following facts: (a) the Defendant has no criminal history of the same kind of crime; (b) the Defendant misleads and reflects his/her fault; and (c) the Defendant is not highly likely to recommit a sexual crime in light of the Defendant’s age, character, environment, etc., the Defendant’s personal information should not be disclosed in light of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders.

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