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(영문) 의정부지방법원 2019.02.21 2018고합423
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

The Defendant is the chief of “B” beauty room and the victim C (the age of 18) is a senior student who works as a part-time trainee in the above beauty room for about nine months.

At around 01:00 on September 24, 2018, the Defendant, at the third floor of the D building in Yangyang-si, tried to dance with the victim's body against the victim's will while playing 'F with the stairs between the third floor and the fourth floor of the singing house,' and the victim 'F with the stairs outside the singing room', the Defendant tried to sing the victim's body with the victim's body, and sing the victim's body against the victim's will, after she sing the victim's body, tried to sing the victim's body with the victim's entrance and sing the hand into the victim's body, putting the victim's body into the victim's inner part, she sing the victim's chest, refused to sing the victim's body, and she expressed that the victim's body had "the victim's body had the victim's body."

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning C and the statement prepared by C;

1. Application of Acts and subordinate statutes to send text messages to a suspect, send text messages to a suspect, and receive text messages;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the choice of imprisonment with labor for the crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

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

1. In cases of this case under the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from disclosure orders and notification orders;

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