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(영문) 창원지방법원 거창지원 2016.08.11 2016고합17

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 2015, the Defendant first became aware of the victim C (the age of 14) who had held a training meeting with the above training center in October 2015 as a juvenile leader at the Juvenile Training Center B.

On October 16, 2015, the Defendant contacted the victim at the E-Eup office located in Gyeongnam-gun, Gyeongnam-gun around 20:00 and parked the vehicle on the alleyway near the E-Eup office where the victim was driven by the victim, parked the vehicle on the alleyway near the E-Eup office where the person was aboard the victim, moved the vehicle from the driver's seat to the chief kne, moved the victim into his knee, and was feled with the senior kne, and brought the kne in the back seat. If the Defendant does not comply with the Defendant's request, the Defendant committed an indecent act against the child or juvenile by inserting the victim's chest by putting it into the victim's inside the inner seat of the victim, and continuously putting the victim's kne and panty into the victim's hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes entered in the police statement protocol to C;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the circumstances leading to the crime of this case, the character and conduct, environment, social ties, criminal records and the risk of recidivism (the defendant has no record of the same kind of crime)] and other defendants.