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(영문) 서울동부지방법원 2014.01.09 2013고합276
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was aware of the victims G, female, and 15 years of age in the Republic of Korea, who reside in the third floor of housing located in Seongdong-gu Seoul, and live underground in the same building.

At around 14:00 on August 5, 2013, the Defendant found the victim’s house, and called “I will come to her 3th degree so I would have to do so.” The victim found the victim’s 3th floor, and she saw her left arms of the victim, and she forced the victim to go to her room.

After that, the Defendant: (a) closed the visit and sweaked the sweak; (b) however, the Defendant refused to do so; (c) the Defendant forced the victim to take the son of the victim, and forced the victim to swel off the swelth above the swelth; (d) the victim resisted that he did not refuse to do so, and (e) the victim swelded to swel the left bucks with the left hand, and sweld the body of the victim who want to flee, and (e) the victim sweld to swel the body of the body of the victim.

As a result, the defendant committed indecent acts against the child or juvenile victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement concerning G;

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

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Determination on the assertion of the Defendant and his/her defense counsel under Article 21(2) main text and Article 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The summary of the assertion was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability.

2. It is recognized that the Defendant had drinking alcohol at the time of the instant crime.

However, this is recognized by the evidence of the record.

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