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(영문) 의정부지방법원 고양지원 2017.10.13 2017고합152
아동ㆍ청소년의성보호에관한법률위반(강제추행)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

On May 25, 2017, the Defendant found the victim D(n, 17 years of age) in front of the Goyang-dong apartment complex C 709, Ilyang-gu, Ilyang-gu, Jungyang-gu, Seoul around 00:02, and followed the victim, she forced the victim to commit an indecent act on the part of the victim by putting the victim's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's k's kn's kn's k's k

On June 18, 2017, the Defendant: “2017 Gohap 163, Jun. 18, 2017, the 2017 defendant came into the Dong-gu E, Busan Metropolitan City around 02:25, and around 02:25, at the same time, women came into the 1st floor female toilet according to the Victim F (F, 26 years of age). After the victim went into the 1st floor female toilet, the victim was going into the string of the string side of the partitions where the string of the string of the string and the string of the strings of the strings was

Accordingly, the defendant invadeds on the room possessed by the injured person.

Summary of Evidence

"2017 Gohap 152"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each investigation report (a CCTV analysis and investigation, suspect tracking and investigation).

1. The "2017 Gohap 163" of the relevant non-prosecution decision;

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. On-site CCTV images closure photographs, dong images CDs, and closure photographs of the CCTV for the crime prevention;

1. Application of the relevant Acts and subordinate statutes on non-prosecution decision;

1. Relevant provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (Compulsory Indecent Acts, Selection of Imprisonment), and Article 319(1) of the Criminal Act (the point of intrusion into room and the choice of imprisonment)

1. Aggravation of concurrent crimes with the punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes (to the extent that the punishment is added up by the maximum period of the punishment of the above two crimes) ;

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 (the following sentencing grounds are advantageous to the suspended sentence).

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