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(영문) 수원지방법원 평택지원 2017.06.23 2017고합59

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 13, 2017, the Defendant violated the Act on the Protection of Juveniles against Sexual Abuse and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Cpopulated Places), committed an indecent act by force against the victim, who is a juvenile, by holding the victim’s left side of the bus E (the age 15), sitting down on the rear left side of the bus in D urban bus that passed near Pyeongtaek-si C market on April 13, 2017.

2. Around 09:30 on April 21, 2017, the Defendant committed an indecent act on the victim G (the age 18) who was sitting on the D bus moving to a flat-house station at the bus stops and was able to commit an indecent act against the victim G (the age 18) who was sitting on the back of the bus at the bus stops, making it possible for the victim to commit an indecent act on the victim’s left side by going to the left side of the victim’s hand, and made it possible to do so, and even though the victim gets off his arms and roots, the victim’s fuckbucks continued to commit an indecent act on the means of public transportation by gathering the victim’s left side by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of respective Acts and subordinate statutes of E and G;

1. Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the crime committed by the relevant legal profession (a indecent act in a densely concentrated place);

1. Articles 40 and 50 (Punishments on crimes of Violation of the Act on the Protection of Children against Sexual Abuse against Victims E, and violations of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public-populated Places), and punishment on crimes of violation of the Act on the Protection of Juveniles against Sexual Abuse, which are more severe, shall be imposed);

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.