아동ㆍ청소년의성보호에관한법률위반(강제추행)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 6, 2016, the Defendant was under the influence of alcohol in front of D’s singing rooms located in Boen-si, Boen-si, 00:25 on May 6, 2016. D’ to the victim E (Wing, 15 years of age, 15 years of age) who was sitting at the entrance of the singing room.
Does it be well locked;
In our house, the victim called “a person who does not do so,” and the victim asked “a person who does not do so,” and the victim expressed “a person who does not do so,” and the victim expressed “a person who does not do so,” and in his/her hand, bucks were 2 to 3 times used the victim’s bucks so that the victim committed an indecent act by force against children and juveniles.
Summary of Evidence
1. Statement by the defendant in court;
1. Stenographic records of the police in relation to E;
1. Statement made by the police with regard to F;
1. G statements;
1. As to the Defendant’s assertion of internal investigation report, investigation report, and CCTV recording record as well as his defense counsel, the Defendant and the defense counsel had a mental and physical weakness by drinking while committing the instant crime.
The argument is asserted.
In light of the overall circumstances at the time of the instant crime, the evidence duly adopted by this court revealed that the Defendant had her drinking alcohol at the time of the instant crime, but on the other hand, the Defendant’s statement (see, e.g., evidence record No. 39 pages) that the Defendant did not seem to have taken a large amount of alcohol at the time of the instant crime, or that the Defendant was sufficiently able to move despite the fact that the Defendant did not seem to have taken a large amount of alcohol at the time of the instant crime. (C) In light of the overall circumstances at the time of the instant crime, following the instant crime, the Defendant did not appear to have been in a state where the Defendant lacks the ability to discern things or make decisions, and thus, it is not acceptable to accept the said assertion.
Application of Statutes
1. Article 7(3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 7 of the Criminal Act concerning the crime committed by a child who is selected to be punished.