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(영문) 수원지방법원 평택지원 2016.11.30 2016고합120

아동ㆍ청소년의성보호에관한법률위반(위계등추행)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant has a D convenience store in Pyeongtaek-si C, and the victim E (n, 18 years old), victim F (n, 17 years old) is a part-time student working at the above convenience store.

1. Around 08:00 on February 14, 2016, the Defendant committed an indecent act against the victim E, who was working for a carbr in the above D convenience stores, by putting the victim’s left hand on the victim’s hand, and putting the victim’s hand off as if he did so, with the Defendant’s hand, deducted the victim’s hand from a defect by force, and by putting the victim’s hand on the part of the victim who was working for the carbr within the said D convenience stores.

2. On April 11, 2016, the Defendant: (a) around 19:00, the Defendant committed an indecent act against the victim F, with the victim’s “I wish to report” at the victim F within the above D convenience point; and (b) after the victim’s back, I am hyp the victim’s hyp to the warehouse; and (c) am hyp the victim’s hyp to the warehouse.

3. On May 15, 2016, the Defendant: (a) around 07:45, around 07:45, 2016, the Defendant used the victim’s left hand to the said victim E, which seems to be difficult; (b) took the victim’s left hand in a warehouse; (c) took the victim into custody; and (d) took the victim’s hand in a warehouse; and (d) took the victim into custody; and (e) took the victim in a way to attract the victim to the future.

Accordingly, the defendant committed an indecent act by force against the victims who are juveniles under the supervision of the defendant due to employment relationship.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act, which provide the corresponding legal provisions and the choice of punishment for the crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse on May 15, 2016] among concurrent crimes;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.