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(영문) 춘천지방법원 강릉지원 2016.09.22 2016고합46
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On June 13, 2016, the Defendant committed an indecent act on the part of the victim E (the age of 17) who flicked with the school uniform and flicked with his/her flick on the alleyway in C at Sam-si on March 13, 2016, coming from the victim E (the age of 17) who flicked with his/her flick with his/her flick hand, with the victim’s left flick hand, and was able to write the victim’s left chest.

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

2. On December 2, 2015, the Defendant embezzled the property that was occupied by the victim’s possession five times in total, as shown in the attached list of crimes, from the time on July 2, 2016 to July 2, 2016, by acquiring one cell phone (a model name: SM-G720N) at the time of Samsung Gallon ju, the market value of which is equivalent to KRW 700,000,000, which was lost by the victim F in front of the department store, without following necessary procedures, such as returning it to the victim.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with respect to E;

1. Statement of the police statement related to G;

1. A written statement of each damage of H and I (e-mail) and a written statement of J;

1. Photographs of seized articles;

1. Report on investigation (as to the attachment of a copy of the data exchanged for USD 100 among the goods possessed by the person under investigation, the application of Acts and subordinate statutes to the report on investigation (as to the specific person under whose mobile phone is held by the person under investigation);

1. Relevant legal provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 360 (1) of the Criminal Act (a point of embezzlement of deserted articles in possession), and the choice of imprisonment for each crime;

1. Aggravation of concurrent crimes (to the extent that the punishment is aggregated with the long-term punishment of each of the above crimes) provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the punishment of which is the largest, shall be aggravated);

1. Reduction of a small amount;

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