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(영문) 광주지방법원 2013.04.25 2013고합20
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall order the defendant to complete 80 hours of sexual assault treatment programs.

Reasons

Criminal facts

The Defendant is a person who actually operated the Gwangju Mine-gu CPC, and the victim D (n, 18 years of age) was an employee from October 29, 2012 to November 1, 2012.

1. On October 29, 2012, the Defendant: (a) around October 29, 2012, the Defendant was taking charge of the Defendant’s shoulder while cleaning the victim at the PC; and (b) had the victim’s hand and her part of the victim’s hand.

2. On October 30, 2012, around 10:00 on October 30, 2012, the Defendant: (a) saw the victim to work in the PC; (b) saw the victim to have sacred; and (c) saw the victim as “I do not want to do so;” (d) saw the victim as “I do you have to do so; and (e) the victim’s her her her her her her her her her her her her her part.”

3. On October 31, 2012, the Defendant: (a) at the PC room above the A.M. around October 31, 2012, the Defendant took care of the victim’s grandchildren; (b) took care of the victim’s grandchildren; and (c) took care of the victim’s clothes back to the back of the victim’s clothes.

4. On November 1, 2012, around 17:30 on November 1, 2012, the Defendant: (a) placed the victim who was seated in a PC; (b) placed the victim’s hand on the PC; (c) placed the victim’s hand; and (d) placed the victim’s hand on the victim’s hand.

Accordingly, the defendant committed an indecent act against the juvenile victim on four occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to D;

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The main sentence of Article 13 (1) and the main sentence of Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In light of the favorable circumstances, etc. that are considered as the grounds for sentencing under the proviso to Article 38(1) and the proviso to Article 38-2(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused shall recommit a sex crime.

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