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(영문) 서울북부지방법원 2014.01.17 2013고합362
강제추행등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Defendant

Around 02:00 on August 12, 2013, the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") discovered that the victim C (20 years of age), the victim D (18 years of age), who is a child or juvenile, was seated in the front park located in the offset-dong, Seoul Special Metropolitan City, Nowon-gu, and that the victim D (18 years of age), who was a child or juvenile, was able to listen to the victims, but did not hear any answer, and the victim was able to see why he was "I will ignore the statements of the victim who would be able to wn the victim's house." After making the victim C write the phone with his hand, I am am hick with his hand, and continuously used the part, such as the victim's hand, hick, hick, and so on.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of C or D;

1. Application of the respective laws and regulations of C and D

1. Article 298 of the Criminal Act applicable to the relevant criminal facts, the choice of a punishment, Article 298 of the Criminal Act (the occupation of indecent act by compulsion against C, the choice of imprisonment), Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act (the occupation of indecent act

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment of two crimes prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse with heavy punishment)

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 extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 21 (2), Article 21 (4) and (9) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 30 subparagraph 2 of the Act on Probation, Etc., and Article 59 of the Act on the Protection of Children

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the main sentence of Article 49 (1) 1 and 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Punishment, etc. of sexual crimes committed against an order to notify;

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