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(영문) 전주지방법원 정읍지원 2017.04.19 2017고합2
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person operating E inspection team in Jung-Eup Si, and there is the enemy who had been guiding the victim F (one-eight years of age) to conduct the inspection before he is now known to the victim F (one-eight years of age), and there is a gap between the defendant and his knowledge.

At around 18:40 on September 21, 2016, the Defendant: (a) 18:40, the Defendant saw the victim with his mind to force the victim to commit an indecent act; (b) kidd the victim with his arms; and (c) kid the victim with his hand, kid the victim by putting the victim’s arms into his arms, thereby forced the victim; (d) immediately kid the victim by force; and (e) kid the victim by putting the victim’s her arms into her arms, and immediately putting the victim into her face by putting the victim’s face into her hand, the Defendant saw the victim into her arms.

On the other hand, the Defendant continued to see the victim's bank in the above male escape room and the above autopsy room, and followed the defect, and forced the victim to use the two arms again at the above office. The victim stated that "I am well, I am well, I am aware and come to contact," and applied the victim's entrance to fit the victim's alcohol."

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. Application of the law of the police statement protocol to F;

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) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. 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 accused does not have any criminal record of a sexual crime, and this shall not apply];

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