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(영문) 청주지방법원 충주지원 2017.04.20 2017고합30
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

Defendant

In addition, on February 10, 2017, the person against whom the attachment order was requested (hereinafter “Defendant”) committed an indecent act by forceing the victim’s buckbucks by making his/her hand on the right side of the victim’s immediately following the victim’s buck while under the influence of alcohol by reporting the victim E (I, 15 years of age) who is a juvenile seated in the air room at the D terminal waiting room located in the Chungcheongnam-gun Group A around 18:30 on February 10, 2017.

As above, the Defendant was forced to commit an indecent act on the bus and the victim was on board the bus following the victim, and the Defendant was also seated in the side of the victim. On the same day, G urban buses and the Defendant in G urban bus that passed the F apartment of the Chungcheongbuk-gun on around 18:43 of the same day, and the Defendant forced the victim to commit an indecent act by making approximately three minutes of the victim’s bucks by hand after putting his hand on the newspaper.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes of Chapter 1 of the Act and subordinate statutes to investigate reports (to secure CCTV video recording images, etc.), investigation reports (to hear statements from victims E), CCTV images inside a D terminal;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

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 Juveniles from Sexual Abuse, the order to attend lectures and the order to provide community service, and Article 62-2 of the Criminal Act;

1. The main sentence of Article 49 (1) of the Act on the Protection of Children against Sexual Abuse;

1. Grounds for sentencing under the main sentence of Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse;

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. The scope of the recommended punishment according to the sentencing criteria.

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