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(영문) 전주지방법원 남원지원 2019.09.05 2019고합5
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
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

Criminal facts

1. Around 17:00 on March 28, 2019, the Defendant committed an indecent act against a child or juvenile victim, such as: (a) reporting the victim C (a) on March 17, 2019; (b) reporting the victim C on the 12-year old age following the victim; and (c) reporting the victim’s chest on the part of the victim’s chest with his left hand; and (d) observing the victim’s sexual intercourse with his/her sexual intercourse with his/her own hand; and (b) compelling him/her to enter into the victim’s sexual intercourse; and (c) forcing him/her to enter the victim.

2. Around 17:00 on March 28, 2019, the Defendant, upon committing the crime described in paragraph (1) of the said Article, invaded upon the victim’s residence by entering the house of the victim, who was absent from the Defendant and frighted into D, with the victim’s house, which is located in D, Namwon-si, Namwon-si, without following the victim.

3. The Defendant, at around 10:00 on March 29, 2019, received medical treatment at a F Hospital located in E, Namwon-si, Namwon-si, and then, in the principal facts, the victim G (the victim, the nurse, the age of 39) drafted the injection to the Defendant and arranged the injection by returning to the Defendant after having added to the calculation of tax base of taxable income, and then committed indecent act against the victim by taking the victim’s left amblock by hand.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of the police statement concerning C (tentative name) and G (tentative name);

1. A report on internal investigation in police (related to checking whether the door is opened to the other party of the victim, and attaching photographs of the scene of occurrence and the person suspected of raising the suspect);

1. Application of Acts and subordinate statutes to the detailed statement of 112 reported cases;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 298 of the Criminal Act, Article 298 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the punishment of the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act is the largest;

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