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(영문) 수원지방법원 성남지원 2014.03.20 2013고합164
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant was aware of the victim C (the age of 18) due to the introduction of her friend, while attending a university in the first year.

At around 11:00 on March 14, 2013, the Defendant sent the victim to Esing in the Ma-gu, Sungnam-si, Sungnam-si, and around 14:30 on the same day.

The defendant sing and talks with the victim in his singing and divided the victim's talks, put the victim's knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne,

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

Summary of Evidence

1. Statement of the defendant in the second protocol of trial;

1. Entry of the written statement with C;

1. Application of Acts and subordinate statutes to a copy of a mobile phone text;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act concerning criminal facts;

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

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); the main sentence of Article 21(2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The accused under the proviso to Article 38 (1) or the proviso to Article 38-2 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse who was exempted from an order of disclosure and notification shall not have any history of criminal punishment prior to the instant crime;

In addition, the defendant is a university student, his parents' will to protect is high.

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