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(영문) 광주지방법원 2018.02.21 2017고합595

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Crimes committed on August 27, 2017;

A. On August 27, 2017, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) committed an indecent act by force by forcing the victim D, a juvenile on board, who was a juvenile on board, in the 102-dong elevator of Gwangjubuk-gu, Gwangjubuk-gu, by pressing the elevator server, and reporting other locations, the victim’s shoulders and the right shoulders of the victim.

B. The Defendant, at the same time and place as above 1.3, committed an indecent act by force by force, on the one hand, the shoulder of the victim E (M, 48 years of age) in the victim’s mother in the above D.

2. 2017. 9. 12. 경 범행 피고인은 2017. 9. 12. 10:02 경 광주 북구 C 102동 3~5 라인 엘리베이터에서 피해자 F( 가명, 여, 23세) 가 타는 것을 보고 피해자에게 다가가 “ 키가 크다, 키를 대보자” 고 하면서 피해자의 어깨를 감 싸 안 다가 손을 아래쪽으로 내려 피해자의 허리를 감싸고, 계속하여 피해자의 어깨를 쓰다듬다가 귓불을 만지면서 “ 예쁘다, 예쁘다 ”라고 말하여 피해자를 강제 추행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made with respect to F, E, or D;

1. The application of Acts and subordinate statutes to investigation reports (in the event of a crime, attaching CCTV video-recording materials in the course of a crime), CCTV-cape photographs [the victim's statement consistent with each fact of damage and CCTV-cap photographs, etc. can be recognized as committing an indecent act against the victims as stated in each criminal facts in the judgment of the defendant, and the defendant shall also be sufficiently recognized as committing an indecent act against the victim in light of the relationship between the defendant and the victims, the age of the victims, the degree

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (the point of compulsory indecent act by juveniles, the choice of imprisonment), Article 298 of the Criminal Act concerning the crime, and Article 298 of the Criminal Act (the point of compulsory indecent act by juveniles and the choice of imprisonment with labor);

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 (Punishment) of the Criminal Act for the aggravation of concurrent crimes.