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(영문) 전주지방법원 군산지원 2017.02.16 2016고합180
강제추행등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 25, 2016, the Defendant committed an indecent act by force against the victim, such as: (a) reporting the victim E (the victim E (the victim is 23 years old) waiting for the bus at the bus stops located in Dasan-si, Dasan-si on October 25, 2016; (b) inducing the victim from behind the victim; and (c) spreading the victim’s chest by hand.

2. On October 30, 2016, the Defendant violated the Act on the Protection of Children’s Juveniles against Sexual Abuse (voluntary indecent act) reported the Victim H (16 years old) who waits for a bus at the bus stop near the Gam-si F around the Gam-si F around 18:30 on October 30, 2016, and threatened the victim with the victim’s left chests.

As a result, the defendant committed an indecent act against the victim who is a juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to I, E, and H;

1. On-site photographs of the case and CCTV images for crime prevention;

1. Application of the CCTV-related Acts and subordinate statutes for crime prevention;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act (the point of forced indecent act, the choice of imprisonment), Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (the point of forced indecent act by juveniles, the choice of imprisonment with prison labor) concerning criminal facts;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the aggravated punishment to the extent that the punishment is more severe than that provided for in the crime of violation of the Act on the Protection of Juveniles from Sexual Abuse and the punishment provided for in the above two crimes] of the Act on the Reduction of 1 Small Quantity and Articles 53 and 55(1)3 of the Criminal Act (the conditions favorable to the grounds for sentencing as set forth below);

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. Where a conviction becomes final and conclusive on the instant criminal facts, which are sex offenses subject to the registration of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Punishment, etc. of Sexual Crimes committed by the Defendant, pursuant to Article 42(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

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