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(영문) 수원지방법원 안산지원 2016.10.07 2016고합199
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

At around 20:10 on April 16, 2016, the Defendant discovered the Victim D (Woo, 14 years old, 15 years old, 14 years old), and the Victim E (14 years old, 14 years old, and 14 years old, and 14 years old) that had been faced with diving expenses at the entrance of the building of the members of Ansan-si, Ansan-si, the Defendant committed an indecent act by force against the victims, who are juveniles by force, by using the Victim E’s chest and face with his hand. The Defendant continued to use the Victim E’s hair and face as rhythm with one hand, and by using the Victim’s hair.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning D, E, F, and G;

1. Application of CCTV CD-related Acts and subordinate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment on Crimes of Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against D with the largest victim's identity)

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 extenuating circumstances among the reasons 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. In light of the following: (a) 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; (b) the Defendant led to the confession of his/her criminal act; and (c) the Defendant has no record of punishment for committing a sexual crime, it cannot be readily concluded that the Defendant has a risk of repeating a sexual crime; and (d) the order to attend a

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