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(영문) 인천지방법원 2017.11.23 2017고합521
아동ㆍ청소년의성보호에관한법률위반(위계등추행)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Child Uniforms Act (sexual harassment, etc. against a child) on April 12, 2017, the Defendant reported the victim D (a person, a person, age 15) in return for home home, and followed the victim’s vehicle to board and a passenger car in front of the victim, and set the above vehicle in front of the victim, and set up the victim “I will know about the victim’s loss.”

The paper shows that "the 400,000 won reduction" is a fluent paper.

As a result, the Defendant committed sexual abuse such as sexual harassment that causes a sense of sexual humiliation to children.

2. On April 12, 2017, the Defendant, in violation of the Act on the Protection of Children’s Juveniles against Sexual Abuse (Indecent Acts, such as deceptive schemes), reported that he/she gets a third person to board the elevator of C Apartment apartment at C, a victim F (the family name, the female, the age of 15) who was home, was home, and the elevator goes up to 16th floor, and taken the Defendant’s sexual organ during the elevator going up to 16th floor;

I see that the victim was scambling, “I ambibly,”

The paper shows that "the 400,000 won reduction" is a fluent paper.

Accordingly, the defendant committed an indecent act against a child or juvenile victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. A written statement of G and F;

1. The application of Acts and subordinate statutes that photograph the scene of an elevator, such as a report on investigation (a CCTV image taken to commit an additional crime by a suspect), a photograph taken on the CCTV screen for an additional crime, a report on investigation (an investigation into apartment CCTV taken to the scene of an elevator), and a photographic of the scene of an elevator;

1. Relevant Article 71(1)2 of the Act on the Prevention of Children and Juveniles from Sexual Abuse and Article 71(1)2, Article 17 subparag. 2 of the Act on the Prevention of Child and Juveniles from Sexual Abuse (the occupation of sexual abuse against a child, the choice of imprisonment), Article 7(5) and (3) of the Act on the Protection of Children and Juveniles from Sexual Abuse (the occupation of indecent act against child's authority and the choice of imprisonment with prison labor);

1. The punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes is against the punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the same Act.

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