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(영문) 의정부지방법원 고양지원 2018.05.01 2017고합200
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a deaf-mute, was aware of the victim’s pro rata relationship with the parents of the victim C (n, 13 years of age), committed an indecent act against the victim’s child or juvenile by forcing the victim to commit an indecent act on the part of the victim, on January 1, 2016, by using the Defendant’s car at the end of the year to set a fishing to D located in Incheon Jung-gu with the victim’s family members, with the victim’s family members, using the Defendant’s car at the end of the year. After finding the Defendant’s car parked at the sea, who was parked on the sea, was able to have the victim enjoy the latter seat within the victim’s E car. The Defendant on board the said car 2-3 times to the victim, with the victim’s left hand, and kis the victim’s hand, who tried to get the victim’s hand out while continuing to get the victim’s hand.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. C stenographic records (the defendant and his/her defense counsel merely stated that the two descendants of the victim, which was very rough and visible in the train, are carried by the defendant's hand, and such acts alone do not constitute an indecent act in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse. However, it is difficult to believe that the victim's statement (if the victim's complaint and statement were made after one year has elapsed from the date on which the crime occurred, it is difficult to believe that the victim's statement was made only because the victim's complaint and statement was made after the lapse of one year from the date on which the crime occurred;

Inasmuch as credibility is sufficient, criminal facts are proven without reasonable doubt, and this constitutes an indecent act that is sufficient to infringe on the sexual freedom of the victim, a juvenile.

Application of Statutes

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 selection of the relevant criminal facts;

1. Articles 11 and 55 (1) 3 of the Criminal Act ( deaf-mutes) of the Criminal Act mitigated by law;

1. Article 62(1) of the Criminal Act provides that the suspension of execution (i.e., repeated consideration of favorable circumstances among the following reasons for sentencing) shall be 1.

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