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(영문) 수원지방법원 2018.02.21 2017고합671

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

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

The defendant was aware of the victim E (M, 16 years of age, Ga) using the D convenience points in Young-gu, Young-gu, Young-gu, Young-si, the defendant came to know of the victim E (M, 16 years of age, Ga) in the place.

1. On August 30, 2017, the Defendant interfering with his/her duties: (a) on August 30, 2017, the Defendant continued to breath while under the influence of alcohol at the above convenience store and seeing the place to the customers, and walk the horses to the players, and (b) is good to do so.

The term “the victim’s convenience store operation was obstructed by force for about 30 minutes, such as making customers not to use the convenience store,” and thereby obstructing the victim’s convenience store operation by force.

2. On August 30, 2017, the Defendant violated the Act on the Protection of Children’s Juveniles against Sexual Abuse (voluntary indecent act) is too bad for the victim at the above convenience store around August 21, 2017.

I would like to become a male-friendly tool of a width. I would like to be a woman-friendly tool of a width in the last time.

“A indecent act committed an indecent act against a child juvenile by forcing the victim to take the victim’s left hand with his/her own hand.”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with respect to E;

1. Each written statement of E (alias), F and G;

1. Application of the Acts and subordinate statutes to photographs of damaged parts of the disaster, and to take off on-site CCTVs;

1. Relevant legal provisions and the choice of punishment for the crime: The choice of imprisonment with prison labor for the crime under Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and Article 314(1) of the Criminal Act;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the above two crimes);

1. Reduction of a small amount: Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order to provide community service or attend lectures: Article 62-2 of the Criminal Act and the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. An order for disclosure and exemption from notification: the proviso to Article 49 (1) and Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;