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(영문) 수원지방법원 2016.11.15 2016고합529

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

Criminal facts

On May 14, 2016, the Defendant: (a) around 21:10 on May 14, 2016, the Defendant: (b) had been seated in the right side of the rear door door door in the C bus operated as KVland, and had the Defendant contacted the Defendant’s sexual flag part in front of the victim’s hand and shoulder at around 22:00 on the F in which the said bus is located in the wife E in the wife population at Chicago-si. At around 22:00; and (c) had contacted the victim’s hands.

Accordingly, as the victim turns to the back of the victim, the defendant moved to the back of the victim, and the defendant has been seated at the seat of the victim at the time of G, and again, the part of the defendant's sexual flag has been left to the left shoulder of the victim by the same way in the future of the victim.

As a result, the defendant committed an indecent act against a child or juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of the police statement about D (tentative name) and H;

1. The police investigation report (including the attachment to the CCTV TV storage CDs and the attachment of photographs);

1. 112 reported statements;

1. Application of Acts and subordinate statutes to CCTV images in buses;

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 relevant criminal facts;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution (precluding the preceding sentence);

1. A person who is finally and conclusively convicted of committing a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Children and Juveniles against Sexual Abuse, is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes where a conviction is finalized

An order of disclosure and exemption from disclosure and notification shall be provided for as an exception to such order.