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(영문) 의정부지방법원 고양지원 2016.10.28 2016고합143
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 6, 2016, the Defendant: (a) around 23:37 on April 23, 2016, at the bus stops located in Yongsan-gu, Yongsan-gu, Yongsan-si, the Defendant: (b) taken a bus with the victim D (V, 17 years of age, 17 years of age) who was in the bus according to his/her female, and her knick away from his/her human body to his/her fourth place; and (c) taken away from his/her bus with his/her female to commit an indecent act against him/her.

On April 6, 2016, around 23:57, the Defendant set off the F bus stops located in Yongsan-gu Seoul Metropolitan City E with the victim, and then committed an indecent act against the victim, who is a juvenile, on the ground that the victim was approaching the victim in front of the Goyang-dong G in Manyang-si, Busan Metropolitan City, and that the victim was sexually approaching the victim and her kn's kn's kn's kn's kn's kn's kn's kn's kn's

around 18:40 on April 14, 2016, the Defendant taken the 6th female toilets of the Hoyangdong-gu Hodong-gu Hoyangdong-si, the victim I (n, 17 years of age) who reported the urine in the side column using handphones in his possession, and his son, her son, son, etc. (n, 17 years of age).

Accordingly, the defendant taken the body of another person, which could cause a sense of sexual shame by using a camera, against his will.

Summary of Evidence

"2016 Gohap143"

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements to be prepared;

1. A complaint;

1. Report on internal investigation (the results of the verification of CCTV around the site where the relevant disaster occurred), each investigation report (the results of the verification of CCTVs, etc. for buses, the verification of C addresses, and the date of birth of victims);

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Written statements prepared and written confirmation of investigation process;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to CCTV photographs and reports on the analysis of digital evidence;

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 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the use of cameras, etc.) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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