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(영문) 수원지방법원 안산지원 2014.09.05 2014고합188

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On May 15, 2014, at around 22:50, the Defendant got away from the victim D (Woo, 17 years of age) who returned home in the front of the Suwon-si C, Suwon-si, the Defendant saw the victim’s shoulder as wraped the victim’s shoulder. The Defendant saw the victim’s shoulder as hacking the Defendant’s arms, frighting the victim’s shoulder, frighting the victim, and frighting the victim’s shoulder.

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;

2. Statement made by the police against D;

3. Application of Acts and subordinate statutes to police investigation reports (on-site drug map and CCTV analysis);

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;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

5. Determination on the defendant's assertion that the defendant's personal information should not be disclosed in full view of the following circumstances: (a) the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant's act of committing the crime of this case appears to have been committed prone and prone in the state of drinking; (b) the defendant's ex post facto agreement was made with the victim; (c) the defendant has no record of criminal punishment; and (d) the defendant's family relation, profits and preventive effects expected due to an order to disclose or notify information to the defendant; and

1. The Defendant, at the time of committing the instant crime, was in a state of mental and physical disorder by drinking alcohol.

2. According to the records, it is recognized that the Defendant was drinking at the time of committing the instant crime.

However, it can be seen by the evidence adopted by this court.