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(영문) 수원지방법원 성남지원 2014.10.16 2014고합199

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment became final and conclusive, the execution of imprisonment for the accused.

Reasons

1. On May 19, 2014, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) committed an indecent act by the victim’s kbbbbbbs on his/her hand by holding the victim seated next to the victim C (IS, 18 years old), waiting for the bus at the bus stops of the public health center in Gwangju City, Gwangju City, about 16:30 on May 19, 201.

2. The Defendant: (a) confirmed the statement of the police officer D (the age of 45) who was dispatched to the scene after receiving a report at the time and place specified in Paragraph (1) of this Article; (b) arrested the Defendant as a flagrant offender of the indecent act by compulsion; (c) obstructed the police officer’s legitimate performance of duties on the arrest of the criminal in the second and second seat of the patrol seat, by putting the D’s shot belt ske, skeing the D, drinking up three times; and (d) making the police officer’s shotbuck in the latter seat of the patrol seat, sitting up in two times, and walking up the front right buckbuck in the second and second seat of the patrol seat, thereby obstructing the police officer’s legitimate performance of duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police officer in C, D, and E;

1. Application of Acts and subordinate statutes to write down a copy of work log;

1. Violation of the relevant provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Act on the Protection of Children and Juveniles against Sexual Abuse: Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act: Article 136 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Article 21 (2), (3) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Articles 47(1) and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders;