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(영문) 창원지방법원 마산지원 2017.10.27 2017고합77
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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

1. On June 3, 2017, the Defendant committed a crime on or around June 3, 2017, at India around 11:35, a part of the E church located in Masan-si, Changwon-si, the Defendant found the victim F (V, 13 years old), and committed an indecent act by force against the victim, by making the victim’s left hand only once after the victim’s left hand.

2. On June 8, 2017, the Defendant: (a) discovered the victim G at the place indicated in the above paragraph 1 on June 8, 2017, around 16:40; (b) discovered the victim G (at the age of 15); (c) followed by the victim’s left hand, committed an indecent act by force against the juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in F and G (in this case, the defense counsel asserts that the defendant cannot be punished as an indecent act by force because it is merely an indecent act by force against the victims who did not exercise violence or intimidation to the extent that it is impossible to resist the victims.

In the case of an indecent act by suicide, even if the assault or intimidation was not involved, it could not substantially resist the indecent act that the victim could not have anticipated, and this is punished because it is similar to that of assault or intimidation that would make it difficult for the victim to resist, and thus, the above assertion by the defense counsel cannot be accepted.

1. Application of Acts and subordinate statutes on internal investigation reports (as to the verification ofCCTVs) and investigation reports (as to the CCTV verification of June 8);

1. Article 7 (3) and Article 298 of the Act on the Protection of Juveniles from Sexual Abuse, which provides for relevant legal provisions and the choice of punishment for each of the crimes;

1. An aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against a violation of the Act on the Protection of Juveniles against Sexual Abuse on or around June 8, 2017, heavier punishment for concurrent crimes);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. An order to attend a course;

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