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(영문) 수원지방법원 평택지원 2014.06.11 2013고합108
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
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

Punishment of the crime

At around 04:00 on May 17, 2013, the Defendant, who dumped and dumped within the 1st floor of Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, and the first floor of the victim D (the age of 14), made up the victim's fingers, put his fingers into the victim's inside the victim's inner part, and continued to put his fingers into the victim's inner part, and committed an indecent act against the victim, who is a child or juvenile, at the same time, at the same time, in a densely-populated public place.

Summary of Evidence

1. Statement made by the defendant in this court;

1. The statement of the victim's self-statement;

1. Recording a record of the statement of the victim in preparation of stenographic paper E; and

1. Application of video-related Acts and subordinate statutes to field photographs (Evidence No. 18 pages);

1. The point of indecent act by compulsion against a child or juvenile on the facts constituting an offense: Article 7(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 11 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (the punishment imposed on the crimes of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, which are heavier than the punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 21 (2), the main sentence of Article 21 (3), Article 21 (4), subparagraph 2 (a), (b), and Article 59 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 38 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012), the proviso to Article 38-2 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012), and the proviso to Article 38-2 (1) of the same Act [

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