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(영문) 광주지방법원 2014.08.18 2014고합98
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

1. On August 2013, between 19:00 and 20:00 on August 1, 2013, the Defendant: (a) allowed the victim C (the age of 14) to sit on the Defendant’s side; and (b) allowed the victim’s right-hand hand to bucks; (c) allowed the victim’s bucks to bucks with the left hand; and (d) caused the victim’s bucks to bucks; (b) during the period from 19:00 on August 2013 to 20:0, the Defendant committed an indecent act by force against the victim, who was a child or juvenile.

2. On September 24, 2013, the Defendant: (a) 20:00, around September 24, 2013, committed an indecent act by force against the victim, who was a child or juvenile, by using the two arms around the fourth elevator of the above child or juvenile nurture facility; (b) 4 years old.

3. 피고인은 2013. 10. 1. 21:00 위 아동양육시설 별님방에서 피해자 D에게 “너는 내 손녀 뻘이야, 괜찮아”라고 말을 하면서 갑자기 양팔로 피해자를 껴안고 가슴을 맞대고 비볐으며, 2013. 10. 8. 20:30 위 별님방에서 피해자에게 “한 번 안자”라고 말을 하면서 갑자기 양팔로 피해자를 껴안고 그 상태에서 양손으로 피해자의 엉덩이를 주무르고 가슴을 맞대고 비빔으로써 아동청소년인 피해자를 강제로 추행하였다.

Summary of Evidence

1. A statement to the effect that the defendant shown his vessels to the victim C and D in this court and that he stated his vessels to that woman.

1. The statements made by the witness C and D on the facts of damage to each victim that conforms to the statements made by the witness C and D in this Court are relatively consistent, the contents thereof are specific, the victims voluntarily speaked in the course of counseling the emotional treatment program, and there is no evidence to deem that the victims' statements were injected or educated by their guardians, investigative agencies, etc., and the statements are also consistent with objective circumstances and part of the defendants' statements.

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