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(영문) 수원지방법원 성남지원 2017.01.19 2016고합101

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

On December 31, 2015, the Defendant purchased alcoholic beverages at the D convenience store located in Seongbuk-gu, Sungnam-si, A around 15:25 on December 31, 2015, the Defendant said that “I am bad,” and walked to the victim E (the 16-year-old age), who was an employee in the calculation team, so that I would know the victim’s course by her hand through her hand. The victim resisted this, “I am informed to the police,” and “I am informed to the police,” and am out of the convenience store. In order that the victim committed an indecent act against the victim by her left hand by having the victim’s right knick with his hand in order to put the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. One on-site CCTV CD;

1. An investigation report (on-site report) [Report on the fact that the Defendant did not have the victim's her her m, but according to the on-site CCTV images, the Defendant took out the victim's knive part outside the convenience store and walking the victim's her upper part above, and the Defendant can check out the part outside the convenience store and the victim's knive part outside the convenience store and check the part outside the victim's right mack, so the Defendant's above assertion cannot be accepted).

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 the relevant criminal facts;

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 on the stay of execution (The following circumstances considered in favor of 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. The extent and expected side effects of the Defendant’s entrance due to the Defendant’s age, occupation, risk of recidivism, type of and motive for the instant crime, process of the instant crime, seriousness of the crime, disclosure order or notification order, pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the term, occupation, type of the instant crime, process, consequence, and gravity of the crime,