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(영문) 수원지방법원 안양지원 2014.08.22 2014고합103

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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. Around 07:50 on May 1, 2014, the Defendant committed an indecent act by force against the victim, who is a child or juvenile, on the alleyway around D elementary school located in Ansan-si C, Ansan-si, in a manner that the victim E (the female, the age of 16) flicked with his/her school uniforms and flicks in order to commit an indecent act against the victim.

2. On the same day as indicated in paragraph 1, the Defendant was committing an obscene act by putting his own sexual organ out of the alleyway with frequent communication of people at around 07:57 on the same day. However, even though F (17 years old) and snow marier F (17 years old) neglected it and f (50 years old), the Defendant continued to engage in an obscene act by continuously displaying the form of self-defense, depending on the volume of 50 meters, while continuing to do so.

Summary of Evidence

1. Defendant's legal statement;

1. E’s statement in the statement recording CDs;

1. Application of the police statement-related Acts and subordinate statutes to F;

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 245 of the Criminal Act concerning criminal facts;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes above two crimes)

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. Article 62-2 of the Criminal Act, 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) and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an order of disclosure and notification;