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(영문) 수원지방법원 안양지원 2014.12.19 2014고합197

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On July 1, 2014, the Defendant boarded the bus No. 31-2, which is a means of public transportation, and was sitting in front of the driver’s seat, and when the victim D (Taking, 18 years old) and two sides are on board in front of the Anyang-si promotion apartment, Anyang-si, Ayang-si, the Defendant laid the her chest and bridge. After the Defendant’s back seat, the Defendant sits on the her seat. At around 17:50, the Defendant stopped the bus around 6 stop in front of the Geum-si, 750 Sinpo-si, Sinpo-si, the Defendant committed an indecent act by committing an indecent act against the victim by taking the her hand over the back side of the bus, and by taking the left side of the victim’s chest as her left side.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of D's statement-related Acts and subordinate statutes recorded in a video CD;

1. Relevant Article of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 11 of the Act on Special Cases concerning the Punishment of Sexual Crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. As to whether the Defendant had a criminal intent to commit an indecent act against the Defendant under Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The summary of the defendant's and his defense counsel's assertion is merely contact with the victim's chest while the bus was driven on the bus in a situation where it was not difficult to find out of the accident caused by the left clothes, the bones of the sublime, which occurred at around 2010, while leaving the bus in order to get out of the bus. There was no intention to commit indecent act on the victim's chest.

2. The following circumstances acknowledged by the evidence adopted by this court, namely, ① the victim’s body at the investigative agency changed the Defendant’s bus’s chest into the bus’s bus’s bus’s bus’s bus’s bus’s bus’s bus’s body.