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(영문) 창원지방법원 통영지원 2015.10.22 2015고합53

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

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

Punishment of the crime

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. On May 23, 2015, the Defendant, around 22:55, committed an indecent act against the victim, who is a child or juvenile, by drinking the victim E (n, 16 years of age) by forcing him/her to commit an indecent act on the roads adjacent to C, and by making the victim to use the victim's sound with his/her own left hand once.

B. At around 23:00 on May 23, 2015, the Defendant: (a) committed an act in a place indicated in paragraph (1); (b) committed an indecent act against the victim F (the age 16) by forcing the victim to commit an indecent act on the victim’s left hand; and (c) committed an indecent act by forcing the victim to commit an indecent act on the victim’s own hand.

2. On May 23, 2015, the Defendant: (a) committed indecent act by compulsion on the part of the H convenience store located in G on May 23, 2015; (b) committed indecent act by compulsion against the victim’s I (the 33 years of age) by forcing the victim to commit an indecent act; (c) with the victim’s own hand hand, by using the victim’s her her her mm with his her hand, by forcing the victim to commit indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. A written statement of I;

1. Application of Acts and subordinate statutes to investigation reports (on-site situations, etc.);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 298 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the aggravated punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (an aggravated punishment of concurrent crimes with the punishment provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse against the State with the largest punishment and punishment);

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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