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(영문) 수원지방법원 안산지원 2017.09.01 2017고합110
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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 October 2016, the Defendant became aware of the Victim E (the name, leisure, 16 years of age) who was hospitalized in the same hospital while the Defendant was attending a hospital 610 of the D Hospital in Sinsi-si, Sinsi-si, and was hospitalized in the hospital.

Around October 21, 2016, the Defendant stated the instant indictment as “18:30 around 20:00,” but comprehensively taking account of the police statement protocol and internal investigation report (Evidence No. 5) with respect to E, it appears to be “20:00:00,” and even if this part was corrected without any amendment to the indictment, it would be deemed that the Defendant’s exercise of the Defendant’s right to defense would be substantially disadvantaged. Thus, the Defendant’s correction and recognition ex officio as stated in its reasoning.

No. 610 of the above D Hospital 610 refers to "the victim who was in contact with the victim's bridge seems to have any inconvenience" and "the victim's bridge is juth juth juth juth just just just just just just just," and the victim's refusal to do so, but the victim's juth juth juth juth just just just just just just just just just just just just just

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of each internal investigation report (including the photographs Nos. 5, 7, and appended by the evidence list);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment for a crime;

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 on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Exemption from disclosure orders and notification orders: the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has been punished for a sex offense);

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