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(영문) 수원지방법원 여주지원 2015.09.24 2015고합55
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

On January 17, 2015, at around 22:15, the Defendant committed an indecent act by force against a juvenile, such as the victim E (here, 17 years of age) who reported a fluence before a female toilet in the Gyeonggi-gu D market, with the victim’s shouldered by hand, and pushed the victim into the toilet wall, and “I am soon bit of bitch inside the bitch, I am son, I am at the victim’s face, and the victim refused to do so.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of the Act and subordinate statutes to a investigative report (CCTV analysis), investigation report (CCTV image images attached thereto);

1. Relevant Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning criminal facts.

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The Defendant’s age, family environment, social relationship, occupation, circumstance and result of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s injury on account of the instant disclosure order or notification order, including the following: (a) the Defendant was over 19 years of age and has no record of sexual crime; (b) the Defendant’s appearance of the instant crime and relationship with the victim, etc. are difficult to readily conclude that there was a criminal tendency against many unspecified victims; and (c) the instant case appears to have an effect to prevent recidivism to a certain extent by taking part in the registration of personal information and taking part in sexual assault treatment courses.

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