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(영문) 수원지방법원 안산지원 2020.02.12 2019고합255

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

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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

Punishment of the crime

1. On May 7, 2019, the Defendant committed indecent act by compulsion: (a) at CPCs located on the second floor of the building B at Silung City, on May 18:35, 2019; (b) discovered the victim D (at least 21 years old); (c) requested the victim to assist; and (d) made the victim’s dysium and the part of the victim’s hys own hand, with the victim’s hys and the victim’

2. Around 18:40 on May 7, 2019, the Defendant committed an indecent act by force against the victim, who is a child or juvenile, by making use of the victim’s head and making it difficult for the Defendant to find out the victim E (nive, age 14) in the game, and following it: “I am off, I am off,” and “I am off, I am off, I am off, I am off.”

3. On May 7, 2019, at around 18:45, the Defendant was asked at the place as indicated in the above paragraph (1), and asked at the victim F (26 years of age) about whether an indecent act as indicated in the above paragraph (1) was committed, and when confirming CCTV images with the victim, the Defendant expressed the victim’s desire to read “Ne, Chewing, singing, backing, singing, tacking, racking,” and 112, “the victim who seeks to report” refers to “the victim’s chest number” and used the victim’s chest portion to be sealed once.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, D, F, and G preparation;

1. Application of the 112 Reporting Report Processing List, CCTV images-fagnating statutes;

1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 298 of the Criminal Act, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The suspended sentence is more favorable than the reasons for sentencing under Article 62(1) of the Criminal Act.