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(영문) 인천지방법원 2016.02.17 2015고합484

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

around 18:00 on May 30, 2015, the Defendant 2015 Gohap 484 called "D" restaurant located in the Namdong-gu Incheon Metropolitan City, and the victim E (n, 18 years old) who is a part-time student under the influence of alcohol, called "if there is no male-gu, she will inform him/herself of his/her son, earer, mobile phone number," while she tried to take charge of the victim's shoulder by hand and kiscing the victim's shoulder with his/her hand, and the victim was able to kid on his/her hand, etc., and the victim was able to do so with his/her hand.

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

around 03:30 on August 16, 2015, the Defendant, in collusion with F, obstructed the victim’s drinking room business by force of approximately 10 minutes by avoiding disturbance, such as having the beer’s disease on the floor while under the influence of alcohol, and having the beer’s desire for other customers, and having the beer’s freeboard, the Defendant interfered with the victim’s drinking room business by force.

Summary of Evidence

"2015 Gohap 484"

1. Statement by the defendant in court;

1. Protocol of the police statement to E "2015, 798";

1. Statement by the defendant in court;

1. Application of statutes on police statements made to H to H;

1. Relevant Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (the forced indecent act by youth, the choice of imprisonment), and Article 314(1) of the Criminal Act (the point of interference with business and the choice of imprisonment) of the same Act concerning criminal facts;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the aggravated punishment shall be limited to the extent that the punishment is aggregated with the length of each offense above the punishment determined for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the punishment];

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 among the reasons for sentencing)

1. Article 62(1) of the Criminal Act provides that the suspension of execution (i.e., for the following reasons, repeated consideration of favorable circumstances among the reasons for sentencing).