아동ㆍ청소년의성보호에관한법률위반(강제추행)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 14, 2017, the Defendant: (a) around 17:45 on June 14, 2017, to the victim E (15 years of age, women) (hereinafter referred to as “Ausb B”) who passed the place in front of the Geum-gu, Busan (State) D, where the Defendant had been located, to decide whether to open the bridge and to give a lecture to the house.
The term “the victim’s hand and the arms are cut off several times, and the victim’s hand did not refuse the request of the defendant, and the victim was forced to leave the house before the defendant’s home, and the defendant was forced to put the victim into the house, and the victim’s hand was allowed to put the victim’s hand into a canter with a hand, and the victim said that “the 500,000 won and the 500,000 won and the 50,000,000 won and the 50,000,000 won and the 50,000,000 won and the 5,00,00
Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Each investigation report (as to the confirmation of CCTV at the scene of crime, attaching a list of 112 reported cases) / The defendant and his defense counsel asserts that the defendant had a mental or physical loss or mental weakness under the influence of alcohol at the time of the instant case.
Although the defendant could drink to some extent at the time of committing the crime of this case, it cannot be seen that the defendant had no or weak ability to discern things or make decisions. Thus, the above assertion is rejected.
Application of Statutes
1. Relevant Article 7 (3) of the Act on the Protection of Sex Offenses of Children and Juveniles and the Selection of Punishment for the Crime, Article 298 of the Criminal Act and the Selection of Imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Where a conviction of a defendant who has registered personal information under the main sentence of Article 21(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the defendant is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes