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(영문) 서울남부지방법원 2016.10.06 2016고합187
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

The Defendant became aware of E, which is the will of a juvenile victim D (n, 15 years of age) through the mobile phone application called "C", and around October 12, 2015, the Defendant became aware of the victim's daily behavior, including E, and became the victim's gathering in the vicinity of the F Station in Ansan-si.

Around 23:00 on October 12, 2015, the Defendant left the body of the victim who was seated at the top of a sudden steering in a passenger car with no knowledge of the number of parking on the front road in front of the Yak-gu, Ansan-si, Ansan-si, Ansan-si, and put the defendant into the victim's seat while being drunkd by the victim.

The defendant, by hand, sucked behind the chief seat of the victim who was seated, and told "one defect" as "one defect" of the victim's chest.

In spite of the victim's refusal to do so, the defendant brought the victim's fingers and bruts all at once, and tried to put the victim's fingers into the victim's fingers as soon as the victim gets her chests, and the victim was suffering.

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

Summary of Evidence

1. The statements made in D in the video recording trial;

1. Application of the protocol of statement of reference to D to the prosecution [the statement of D to the crime of this case is specific and consistent as it relates to the defendant's act, content of damage, DNA's perception and response, circumstances before and after the crime, and the situation before and after the crime, it is consistent with the law];

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the choice of imprisonment with labor for the crime;

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) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing under Articles 49 (1) 1 and 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, who are ordered to disclose or notify;

1. Scope of punishment by law: At least two years;

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