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(영문) 창원지방법원 밀양지원 2015.01.23 2014고합39
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

At around 04:00 on June 23, 2014, the Defendant: (a) was in possession of an unclaimed empty container located in the C Official Space, and (b) was in possession of the Defendant’s pro-Japanese job-friendly victim E (18 years old), the victim E in order to avoid expenses; (c) the victim E, F, G, and any other expenses; and (d) had the victim’s post facto distribution in a container to see the World Cup transit.

The defendant reported that the victim was divingd by the victim's face, chilling, and breast, and thereby, the victim took the victim's face, hicking, forced him, and forced him to do so, and the victim took the victim's hick hand with the victim's left hand, put the victim's body into the victim's upper part, restrains the victim's resistance against the other victim's hick on the floor, putting the victim's hick on the part of the victim's body into the victim's upper part, and knife the victim's chest into the school uniform, and knife the victim's hick into the victim's panty.

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

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement related to E, F, and G;

1. Application of Acts and subordinate statutes to investigative reports (the E-Interview of victims and summary of video recording);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Article 62 (1) of the Criminal Act ( normal consideration considered favorable to the reasons for sentencing as follows);

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. The Defendant is a young young young 19 years old and has no record of punishment for sexual crimes, and the effect of preventing recidivism through the registration of personal information of the Defendant and probation against the Defendant, as well as the provision of the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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