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(영문) 의정부지방법원 고양지원 2015.04.03 2014고합271

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

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

1. 피고인은 2014. 9. 17. 14:30경 고양시 덕양구 C아파트 관리사무소 앞에서 소꿉놀이하고 있는 피해자 D(여, 9세), E(여, 9세)을 보고 순간 욕정을 품고 위 피해자들에게 접근하여 요구르트를 주면서 오른손으로 아동인 위 피해자들의 음부 부위를 만져 강제로 추행하였다.

2. On October 5, 2014, around 13:00 on October 13, 2014, the Defendant: (a) deemed the victim F (nive, 14 years of age) around the apartment building center as indicated in paragraph (1) to walk; (b) deemed that the victim F (nive, her her son) was hick; and (c) made the victim F (nive, her her son) to be hick; and (d) her

Summary of Evidence

1. Each statement of D, E, and F;

1. A report on internal investigation by the police (the CCTV analysis at the entrance of a senior citizen hall, the search for senior citizen centers, and the CCTV analysis of apartment complexes);

1. Application of the photographic Acts and subordinate statutes;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the selection of applicable laws and punishment for the crimes;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with the punishment determined for a violation of the Act on the Protection of Children and Juveniles against the largest victim F, who is a concurrent crime);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 21 (2), the main sentence of Article 21 (3), and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of the following circumstances: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse: (b) the Defendant has no criminal records related to sexual assault; (c) appears to have committed each of the instant offenses; and (d) the Defendant’s personal information is likely to have an effect to prevent recidivism to a certain extent solely taking part in the registration of personal information and taking courses for treating sexual assault.