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(영문) 수원지방법원 2017.06.15 2015고합271 (1)
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

"2015 Gohap 271"

1. On November 28, 2014, the Defendant: (a) committed an indecent act by force against the victim E (the 20-year age), following the victim E (the 20-year age), who passed the “D” on the front side of the “D” building in Suwon-si, Suwon-si; (b) on November 28, 2014, the Defendant committed an indecent act by force against the victim’s own trade with his/her own free will.

2. The Defendant: (a) the date and place on which the assault was entered in the preceding paragraph; and (b) the victim “.

In addition, “this weather year” was expressed as “the victim’s shoulder,” and assaulted the victim at 4 to 5 times by fasting the victim’s shoulder with his/her hand, and by drinking the shoulder and chroke.

"2017 Gohap 138"

3. A theft: (a) around December 24, 2016, the Defendant: (b) concealed the previous 1 turn on, and stolen, the upper 1,000,000 square meters of the market price of the victim H, who was placed in the new sprink, at the “G” restaurant in the Chungcheongnam-gun Hong-gun, Chungcheongnam-gun, Hongsung-gun on December 13:36, 201.

Summary of Evidence

"2015 Gohap 271"

1. Entry of the defendant in part in the protocol of 14th public trial;

1. The witness I and E respective legal statements;

1. Each police statement made to I and E;

1. Photographs "2017, 138";

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of statutes on site photographs;

1. Relevant Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment for a crime;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment heavier than the largest one);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act; the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant has no record of committing the same offense, and the Defendant’s age is the same.

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