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(영문) 광주지방법원 2014.12.12 2014고합465

아동ㆍ청소년의성보호에관한법률위반(준강제추행)

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On October 02, 2014, the Defendant and the respondent for the attachment order (hereinafter “Defendant”) committed an indecent act against the victim by taking out the clothes above the victim E (the age of 17) in a soup room located in Seo-gu, Seo-gu, Gwangju, in a drying 06:00, in a drying room of the victim E (the age of 17) and taking the knife and walking the knife and inserting the knife on the knife and inserting the knife, thereby making up the knife and inserting the knife into the kn

2. On 02. 08. 02. 08. 08. 02. 08. 08. 08. 08. 00, the Defendant saved the victim on the side of the victim F (the age of 17), saved the victim on the Defendant’s bridge on the part of the victim’s bridge, and saved the victim’s sexual flag on the part of the victim’s seat, saved the victim’s sexual flag, saved the victim’s hand, and saved the victim’s hand into the Defendant’s sexual flag, and saved the victim by using the victim’

Summary of Evidence

Each fact in the judgment

1. Any statement made by the defendant in compliance with this Act;

1. Since each statement of F and E prepared by the assistant judicial police officer may be recognized by taking into account each statement in line with it, there is proof.

Application of Statutes

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 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 [the aggravation of concurrent crimes resulting from a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the criminal sentence];

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);

1. According to the records, the following facts can be acknowledged according to the reason for sentencing of the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

1. The Defendant’s background of the instant case is as follows: (a) August 2, 2014; (b) on August 2, 2014.