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(영문) 수원지방법원 성남지원 2017.06.22 2017고합57

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

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.

Reasons

Punishment of the crime

On March 20, 2017, at around 22:02, the Defendant: (a) sent the front street in Gwangju-si, Gwangju-si; (b) discovered the victim E (the name, the age of 16) (the name, the age of 16) from the bus with school uniform and followed approximately 600 meters by the victim.

In addition, the defendant saw the victim in front of the G factory in Gwangju City, the victim in front of the victim's own body, and said that "the victim frightened, such as sound string, kidas", "the victim frightened so as to prevent the escape of the victim by putting the victim's head debt due to the defect of escape," and said that "the victim frightened, such as hick, hicker, hicker, hicker, hicker."

Since then, the defendant gets up about 150 meters in front of the H in Gwangju City with the victim, and spreads the victim's shoulder and sacrifies by hand, and uses the victim's shoulder and sacrifies.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A photograph of a field CCTV course;

1. Application of Acts and subordinate statutes to a report on investigation (on-site inspection, etc.), a report on investigation ( telephone investigation), and a report on investigation (on-site inspection), etc.;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the fact that the accused has no criminal record of punishment for any sexual crime, the registration of personal information ordered by this court, and the treatment of sexual assault.