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(영문) 창원지방법원 통영지원 2015.09.03 2015고합51

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is the president of the "D" restaurant in Tong Young-si, and the victim E (n, 16 years of age) is the part-time student of the above restaurant.

1. 2015. 1. 3. 13:00경 범행 피고인은 2015. 1. 3. 13:00경 위 음식점의 주방에서 피해자에게 반찬 담는 일을 가르쳐 준다며 갑자기 피해자의 등에 피고인을 몸을 밀착시킨 후 손으로 피해자의 엉덩이를 만졌고, 계속하여 같은 날 13:30경 피해자에게 “젖꼭지 부분처럼 생긴 것 잘라라.”고 말하면서 시금치를 다듬을 것을 지시한 후 갑자기 양손으로 시금치를 다듬고 있던 피해자의 양 볼을 만졌다.

2. At around 21:00 on the same day, the Defendant requested the victim to be able to be able to wear a bridge in the above restaurant on the same day, and the head of the Defendant got off the victim’s head to the buckbbbbbbbs, and then the Defendant was able to take the victim’s scam and scambling.

As a result, the defendant committed indecent acts against the victim who is a female child or juvenile on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to video recording reports (where the victim suffers damage, such picture recording);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravation of concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse on or around January 13, 2015, whichever the circumstances are heavier] among concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. The accused of the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse who are exempted from disclosure and notification order;