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(영문) 수원지방법원 성남지원 2015.07.02 2015고합85
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

The Defendant is a person who has lived in the “D” youth self-support center located in Seongbuk-gu, Seongbuk-gu, Sungnam-si for several years.

1. A quasi-indecent act by compulsion, around August 2014, the Defendant: (a) committed indecent act by compulsion against the victim E (20 years of age) who was in a state of resisting the victim’s failure to resist, and (b) committed indecent act by force by force on the part of the victim.

2. 강제추행 피고인은 2014년 여름 19:00경에서 같은 날 20:00경 사이에 ‘D’ 청소년자립관 생활관에서 샤워를 마치고 나오는 피해자 F(23세)을 보고 강제추행할 마음을 먹고, 손으로 피해자의 젖꼭지 부위를 1회 꼬집어서 강제추행한 것을 비롯하여 별지 범죄일람표 기재와 같이 총 6회에 걸쳐서 3명의 피해자들을 강제추행하였다.

3. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. On September 20, 2014, the Defendant: (a) completed shower on the first floor of “D” Juvenile Self-Support Center; and (b) took the mind of indecent act by compulsion of the victim G (18 years of age) who was a juvenile from his/her clothes tea; and (c) took the victim’s chest part on one hand, and made indecent act by compulsion.

B. On October 2014, the Defendant: (a) committed indecent act by force by force by force, by drinking the victim G, a juvenile, who was in a bet room at “D” juvenile self-support center on the first floor; (b) by hand, the victim’s chest part was flick at one time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, E, F, and I;

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant legal provisions on criminal facts, Articles 299 and 298 of the Criminal Act on the selection of punishment, Article 298 of the Criminal Act on each of the following: (a) Article 298 of the Criminal Act on the Protection of Children and Juveniles against Sexual Abuse; (b) Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) Article 298 of the Criminal Act on the Protection of Children and Juveniles against Sexual Abuse; and

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act and Article 3-2 of the same Act shall be the most severe judgment among concurrent crimes;

(b) in paragraph (3);

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