아동ㆍ청소년의성보호에관한법률위반(강제추행)등
1. The defendant shall be punished by imprisonment for two years;
2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;
3.
Punishment of the crime
1. Around 23:00 on November 5, 2013, the Defendant: (a) followed the victim D (at the age of 17) on the front side of the memorial-gu, Ansan-si, Ansan-si; (b) followed the victim, etc., and (c) spared the victim with his/her two arms, and her breast with his/her hand.
As a result, the defendant committed an indecent act against a child or juvenile victim by force.
2. On December 2, 2013, the Defendant: (a) 23:02 on December 2, 2013, the victim F (n, 16 years of age) was sent back to the victim’s chest and her son, who was staying home in front of the memorial district E in Ansan-gu, Ansan-si.
As a result, the defendant committed an indecent act against a child or juvenile victim by force.
3. On November 25, 2013, the Defendant: (a) 23:08 on November 25, 2013, the victim H (here, 21 years of age) who was returning home in front of the Yasan-si G (Yasan-si); and (b) her son was her son.
Accordingly, the Defendant committed an indecent act on the part of the victim.
Summary of Evidence
1. Defendant's legal statement;
2. Each police statement made to D, F, and H;
3. Application of each statute of photograph;
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) The occupation of indecent act by compulsion of children or juveniles: Article 7 (3) of the Act on the Protection of Children or Juveniles against Sexual Abuse and Article 298 of the Criminal Act.
(b) The point of indecent act by compulsion: Article 298 (Selection of Imprisonment)
2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes as provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is the most severe judgment of the punishment and the criminal administration);
3. Article 62 (1) of the Criminal Act;
4. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, on probation and community service order;
5. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
6. The Defendant appears to have committed each of the instant crimes under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempt from disclosure order and notification order, appears to have committed an indecent act, and the degree of indecent act seems to be relatively minor, and there is no record of criminal punishment, and H among victims.