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(영문) 춘천지방법원 원주지원 2020.01.21 2019고합101
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

1. On June 21, 2019, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by indecent act) refers to “whether he/she engaged in a campaign or not, whether he/she is only buckbucks,” and the victim’s bucks fall under the victim’s sexual organ, and the victim expressed his/her intention of refusal by spreading his/her hand, even though he/she expressed his/her intention of refusal on June 21, 2019.”

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

2. On July 3, 2019, the Defendant: (a) around 16:00, in the stairs between the E building and the second and third floors, by inserting his hand into the lower part of the victim F (36 years of age) who was a licensed real estate agent accompanied with the Defendant to show real estate; (b) kid the victim’s sexual organ; (c) kid the victim’s sexual organ in a continuously moving vehicle; and (d) laid down the victim’s sexual organ out of the victim’s sexual organ.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to D and F

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

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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