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(영문) 춘천지방법원 원주지원 2015.04.02 2015고합6
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 is an employee working in C in the Won-si, and the victim D (the age of 17) was a high school student from the training in the above company and became aware of the work.

1. On October 20, 2014, around 15:00-16:00 on October 20, 2014, the Defendant committed an indecent act against the victim, who was a child or juvenile, by making the victim’s sexual organ by hand while talking about the victim’s age at the above company’s work room.

2. On October 27, 2014, at around 10:00 on October 27, 2014, the Defendant committed an indecent act against the victim, who was a child or juvenile, by taking care of the victim’s sexual organ and hand, in the future.

3. On November 6, 2014, around 12:50 on November 6, 2014, the Defendant, at the workroom of the above company, committed an indecent act against the victim, who is a child or juvenile, by driving alone and by hand, about 3:4 times the victim’s sexual organ, and committing an indecent act.

4. On November 10, 2014, at around 19:00-20:00, the Defendant committed an indecent act by force against the victim, who is a child or juvenile, following the victim’s sexual organ and by hand, engaged in the work of livering the victim’s sexual organ at the pertinent company’s work room.

5. On November 24, 2014, at around 19:00-20, the Defendant committed an indecent act by force against a child or juvenile victim, by exposing his/her hand in front of the victim and exposing his/her sexual organ into a part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning the crime;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse as of November 6, 2014, the largest penalty for concurrent crimes);

1. Discretionary mitigation of punishment Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) 1.

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