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(영문) 수원지방법원 평택지원 2013.10.23 2013고합105
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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 July 13, 2013, at around 23:05, the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) discovered the victim D (the victim D, the age of 18) in the vicinity of Pyeongtaek-si apartment, and, at the same time, caused the victim to his/her hand when he/she followed 100 meters in order to prevent the victim from suffering from the victim, he/she committed an indecent act by committing an indecent act on his/her hand.

2. On July 25, 2013, at around 09:25, the Defendant: (a) discovered the victim G (or 25 years of age) toward F on the front of Pyeongtaek-si E on the road; (b) followed the victim who entered the school.

The Defendant, following the victim’s masher, who was up to the end of the escape of the victim F, made the victim’s face unfolded with his head, and made the victim’s face unfolded, and continued to meet three times the part revealed by the victim, and continued to cover two to three times the victim’s chest on the upper clothes on the part of the victim, and caused the victim to face the victim’s left arm’s length in the process of spreading it.

As a result, the defendant suffered from the injury of salt and tension on the left-hand hand in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of statements of reference by the prosecution concerning G;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 298, 301, 300, and 298 of the Criminal Act concerning criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated aggravation of the punishment determined for the crime of bodily injury resulting from heavy indecent act by compulsion);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The punishment, etc. of probation, community service order or order to attend a sexual crime;

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