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(영문) 수원지방법원 안산지원 2018.04.27 2018고합50
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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

The part of the facts charged was revised to the extent that it does not affect the defendant's defense right.

The defendant is a bus engineer, and the victim D (the age of 15) is a passenger who has boarded a bus operated by the defendant.

The Defendant, at around 23:10 on October 29, 2017, at the time of Ansan-si bus bus notice, the Defendant: (a) sent the victim to a FNF FNF rocketing car operated by the Defendant to G and provided meals by moving the victim to G; and (b) again moved the victim to the head of the said car operation on October 30, 2017, while moving the victim to the direction of the victim’s house by burning it to the head of the said car operation; (c) the Defendant, after having laid the engine and set up the said car as described in the aggregate item after having moved the victim to the direction of the victim’s house at night around 00:49 on October 30, 2017, and after having laid the engine and set it to the victim “one time.”

“In doing so, the victim was drawn to the two hand, and the victim’s right chest was left with the victim’s left hand.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. The statement made by D (alias) recorded in a video recording CD in the damaged statement and the application of statutes governing the stenographic records;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment for the crime;

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

1. The registration and notification of personal information of the accused 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 fact that the accused has no history of punishment for a sex offense, the fact that the accused reflects his/her mistake, the age, occupation and social relationship of the accused, etc.).

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