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(영문) 광주지방법원 순천지원 2017.04.13 2016고합282
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 October 13, 2016, around 21:16, the Defendant followed the victim, who was a child or juvenile, who was returning home in the vicinity of the Dongdaecheon-si apartment house, with a view to reporting the victim D (the name, the age of 15) and committing an indecent act.

Defendant 1, in the elevator, the above apartment complex D, was pushed ahead of his body by the victim, etc., and tried to spar his body by hand, and spar his body by hand, and the victim was sleeped and avoided in front, and the victim was sleeped, and the victim was sleeped again, and the victim was sleeped and slicked by hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (the result of execution of a warrant of search and seizure);

1. Application of Acts and subordinate statutes to explain photographs of a map around the site and of an on-site CCTV recording site;

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

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) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of the following circumstances: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse: (b) the Defendant’s age, environment, family relationship, social relative relationship, details and result of the crime; (c) circumstances after the crime; (d) the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure or notification order; (e) the prevention effect of sexual crimes that may be achieved therefrom; and (e) the effect of protecting the victims from sexual crimes, the Defendant’s personal information shall not be disclosed or notified.

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