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(영문) 서울남부지방법원 2014.09.05 2014고합211
아동ㆍ청소년의성보호에관한법률위반(유사성행위)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On May 2014, the Defendant committed an brupted victim who posted a notice on the Naber's knowledge column, 28 years old, saying that the Defendant was 28 years old, stating that the Defendant would make a 100,000 won of 13 years old or older of fine for the month when the Defendant was fine for 13 years old or older.

On May 12:38, 2014, the Defendant met the victim before the F Hospital located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and laid the victim into the Defendant’s Aburged car and black the victim’s body.

On the same day, at around 12:45, the Defendant parked a car on the dial-ro 836 new-dong public truck depot in Yangcheon-gu in Seoul, Yangcheon-gu, Seoul, and allowed the victim to move from the dial to the back seat of the car, and the Defendant also placed the victim on the back seat, placed the victim on the back seat, opened the victim on several occasions, opened the victim’s chests, and resisted the victim’s body. The victim did not want to do so. However, at around 12:45 on the same day, the Defendant forced the victim’s resistance by cutting off his half and panty at one time, and then, the Defendant placed the dial-shaped shape of the male flag (5 cm in length, 2 cm in thickness 20 m) in the passenger car screen, and divided the location of electric power source vibration into the part of the victim’s sexual flag.

As a result, the defendant assaulted the juvenile victim to act of similarity.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol-Stenographic records and two CDs;

1. Application of Acts and subordinate statutes to records of seizure, list of seizure and photographs of seized articles;

1. Article 7 (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant criminal facts;

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

3. Article 62 (1) of the Criminal Act;

4. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

5. The certificate of adult products, such as those of the arms (Evidence No. 1), the Red Sea (Bai No. 2), the opened Red Sea (Bai No. 3), and TOG GEL, for which the confiscation prosecutor alleged the confiscation.

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