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(영문) 수원지방법원 안산지원 2020.04.03 2019고합284

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. On September 24, 2019, the Defendant: (a) committed an indecent act by compulsion on September 24, 2019 by force against a juvenile victim by force, on September 24, 2019, at the bus stops in Ansan-si, C, a member B, and at the bus stops in Ansan-si, by discovering the victim D (17 years of age) waiting for a bus by taking the school uniform b; and (b) provokingly, by provokinging the horses following the victim boarding the E F bus belonging to E.

2. On September 26, 2019, the Defendant, at around 07:50 on September 26, 2019, committed an indecent act by compulsion, by force, a juvenile victim H (the age of 16) who is waiting for a bus by suffering school uniforms at the bus stops in front of the G-gu, Ansan-si, Ansan-si, and on the other hand, committed an indecent act by forceing a juvenile victim by following a victim boarding an I bus belonging to E, on the ground that the victim desires to be able to enter a bus with school uniforms and wait for a bus.

3. On October 8, 2019, the Defendant, at around 07:45, committed an indecent act by compulsion on the part of October 8, 2019, by force, a juvenile victim H (16 years of age) who is waiting for a bus by suffering the school uniforms from the bus stops at the bus stops in front of the G-gu, Ansan-si, Ansan-si, An indecent act by forceing a juvenile victim by following a victim boarding the J bus under the E-gu, on the ground that he desires to enter the bus with the school uniforms and want to enter the frightly.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement made to D and H;

1. The investigation report (the defendant specified);

1. Application of the Acts and subordinate statutes to each of the visual images closures;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act and the choice of imprisonment with labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment of Children and Juveniles from October 8, 2019, which is the largest penalty)

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing):

1. Suspension of execution under the Criminal Act;