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(영문) 서울동부지방법원 2014.03.27 2013고합383
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On November 15, 2013, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and six months with prison labor for special larceny in the Seoul East Eastern District Court, and one year and one year and one year, and the judgment became final and conclusive on January 14, 2014.

Criminal facts

1. Indecent acts by compulsion at the victim's residence;

A. On October 7, 2012, the Defendant committed an indecent act by compulsion on or around October 7, 2012, at the home of the victim D (n, 16 years of age) located in C Apartment 309, 706, Seoul Special Metropolitan City, for the purpose of forcing the victim to commit an indecent act by advertising the victim’s steering part into the house, and even though the victim refused the victim’s speech, the Defendant committed an indecent act by forcing the victim’s chest by force.

B. From October 12, 2012 to October 23, 2012, the Defendant committed an indecent act by compulsion by force by deceiving the victim’s chest and fluor, even though the victim rejected the victim’s refusal to do so, at the inside of the house of the said victim D (the victim’s age 16) from October 13, 2012 to October 13, 2012.

2. At around 22:00 on October 17, 2012, the Defendant committed an indecent act by compulsion on the part of the Defendant at a playground, with the mind of committing an indecent act by force on the part of the victim at the C Apartment 301, Seoul Special Metropolitan City, Nowon-gu, and even though the victim refused to speak, the Defendant committed an indecent act by force on the part of the victim.

Summary of Evidence

[Judgment of the court below]

1. Statement of the accused in the first protocol of trial;

1. Statement by the prosecution concerning D;

1. Statement made by the police to E (before it was sold in advance);

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and reports on the results of confirmation (Evidence No. 14, 16) before and after historical records, etc.;

1. Article 7 (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) and Article 298 of the Criminal Act concerning criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes resulting from the crime of indecent act by compulsion committed on October 12, 2012, which is the largest penalty];

1. The Criminal Act, the suspension of execution;

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