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(영문) 인천지방법원 부천지원 2014.07.18 2014고합63
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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

On November 21, 2013, the Defendant: (a) was the president of the Doo-gu Dao-gu Dao-gu 32, and was an instructor in charge of giving instruction to the subjects of the above Doo-gu Dao-gu Dao-gu Dao-gu Dao-gu Dao-gu Dao-gu Dao-gu Dao-gu, and (b) around November 17, 2013, the Defendant Doo-dong Doo-dong Doo-dong Doo-gu Doo-dong Doo-gu Doo-gu Doo-dong Doo-gu Doo-gu Doo-dong Doo-gu Doo-dong Doo-gu Doo-gu Doo-

The juvenile victim was forced to commit an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The statement recorded by the victim, video CDs, and the F statement made in company with the victim as a person in trust with the victim is excluded;

(Evidence List No. 9) Application of the statute

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 relevant criminal facts and the choice of punishment;

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

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

1. The defendant asserts that the defendant's assertion of the defendant and his/her defense counsel under Articles 49 (1) 1 and 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse against Sexual Abuse is not an indecent act, since the defendant thought that the victim is a good defendant and took the mind of him/her, he/she does not constitute an indecent act.

However, “Indecent act” means an act that causes a sense of sexual humiliation or aversion to the public objectively and contrary to good sexual morality, which infringes on the victim’s sexual freedom (see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002). The record of this case.

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