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(영문) 창원지방법원 마산지원 2017.02.10 2016고합115
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 September 5, 2016, around 06:02, the Defendant followed the victim E (the 16-year-old age), who is the above scambling guest, while working in the Dcamba in the second floor of the building C located in the Changwon-si, Changwon-si.

After the Defendant drawn up the victim who gets out of the building stairs, the Defendant forced the victim who is the juvenile of the child, by preventing the victim from being injured by his/her hands, and making the victim's chest and her flicks several times with his/her left hand, and committed an indecent act by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Complaint;

1. Application of Acts and subordinate statutes to report on investigation (verification of on-site CCTV and attachment of site photographs);

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment for the 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) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. A child exempted from an order of disclosure or notification may have the effect of preventing re-offending by the defendant to a certain extent due to the registration of personal information, community service, or taking lectures to treat sexual assault, which is ordered by this court, of Article 49 (1) (proviso) and the proviso to Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse (the fact that the defendant has no criminal history; and

In addition to the fact that the defendant's age, family environment, social relation, occupation, background and result of the crime of this case, personal information of the defendant is given considering the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of this case, the prevention effect of sexual crimes that can be achieved therefrom, and the protection effect of the victim from sexual crimes.

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