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(영문) 춘천지방법원 강릉지원 2019.08.22 2019고합11
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant and the victims have come to know at the restaurant located in Gangseo-si B, and they came to know at the restaurant.

1. On April 13, 2018, the Defendant: (a) around 21:30 on April 13, 2018, the Defendant committed an indecent act against the victim C (a person under 17 years of age) who gets injured in the above restaurant, by taking the victim’s left hand with the victim’s own left hand; and (b) shakings his hand; (c) even though the victim demanded the victim to hand his/her hand, he/she refused it, continued to take his/her hand, and forced him/her to do so.

2. At around 19:50 on April 16, 2018, the Defendant: (a) stated the victim D (a person under 16 years of age as the victim D and E in the indictment; (b) however, their age at the time of committing the crime is clear that they are 16 years of age; (c) even if the above victims’ age is acknowledged differently from the written indictment, they do not cause any substantial disadvantage to the Defendant’s exercise of the right of defense; and (d) stated that the victim’s age at the time of committing the crime at the time of committing the crime, it is corrected ex officio, as it does not bring about any substantial disadvantage to the Defendant’s defense right; and (e) takes the victim’s side and right shoulder at one time; (b) takes two times on the victim’s back to the front side by avoiding the Defendant; and (c) took two times on the part of the victim and the victim’s right chest, the victim was forced to commit an indecent act with the victim at least 20:100 on the day before the victim.

3. On April 16, 2018, the Defendant, at around 20:00, committed an indecent act by force against a child or juvenile, on the part of the victim’s left bucks, who were sitting in the above restaurant with the victim E (name, 8, 16 years old), C, etc., and her continuous drinking together with the victim. On the right hand floor, the Defendant took part of the victim’s left buckbucks which were sitting on the right side of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The video recording of C, D, and E 1.

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