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(영문) 창원지방법원 통영지원 2014.12.18 2014고합119
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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

On September 20, 2014, the Defendant: (a) around 00:30 on September 20, 2014, “Ecom” 301; (b) the victim F (the age of 17) and the victim F (the age of f, the age of 17) are drinking together with his/her drinking, and (c) the victim under the influence of drinking was able to cover the fright and enjoy it on the bed; (d) the victim was able to commit an indecent act; (e) the victim was able to put his/her hand into this fright, and (e) the victim was able to take charge of both fuckbuckbbbbbucks; and (e) the victim was her panty in the victim’s panty.

Since then, the Defendant committed an indecent act against the victim by making up the victim's left-hand side part of the victim's right-hand side 5 to 6 times, after the victim's first-hand side fell into the part where the victim was able to take part in the toilet.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. Investigation report (or G telephone call for a witness);

1. Application of the Acts and subordinate statutes to a photograph by cutting over the telecom video;

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;

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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In light of 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 has no record of committing a sexual crime against the Defendant, the Defendant committed the instant sexual crime contingently, and the Defendant appears to have not high risk of recidivism of a sexual crime since he/she is recognized as a substitute for the instant crime, and thus, the Defendant’s personal information is not disclosed or notified.)

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