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(영문) 광주지방법원 순천지원 2017.02.02 2016고합244
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 27, 2016, the Defendant was sentenced to two years of suspended sentence of imprisonment for one year and medical care and custody for the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse at the Gwangju High Court, and the judgment became final and conclusive on November 4, 2016.

[Criminal facts] The Defendant committed the following crimes under the lack of the ability to discern things or make decisions due to intellectual disability at the level of severe evidence.

1. On October 2, 2016, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) discovered the victim E (the name, female, 16 years old) at the victim’s seat before the D Private Teaching Institutes in Macheon-si, 19:00, and subsequently found the victim E (the name, female, and 16 years old) at the victim’s seat.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

2. On September 16, 2016, around 16:50, the Defendant attempted to commit an indecent act by force: (a) discovered the victim G (a) returning home in front of the F apartment 108 Dong Guard around 108, 208, and (b) tried to have the victim hump and hump with their arms humping; (c) had the victim hump and hump with their arms; and (d) had the victim prevented the Defendant from committing an indecent act.

Accordingly, the defendant attempted to commit an indecent act by force against the victim.

3. Compulsory indecent acts;

A. On October 5, 2016, the Defendant discovered the victim J (a), who was waiting for a bus at the place of the bus at around 13:55 on October 5, 2016, at around 13:5, 2016, and found the victim J (around 25, 200). Around October 5, 201, the Defendant marddd the victim’s her her son with her own hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

B. On October 18, 2016, the Defendant committed the crime at around 17:00 on October 18, 2016, in the vicinity of the convenience store located in K, 17:0 on October 18, 2016, discovered the victim M (a mar, 20 years of age) to walk the place, and followed up the victim’s mar with the victim’s own hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. The defendant's statement in court;

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