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Reasons
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(영문) 수원지방법원 평택지원 2014.06.11 2013고합184
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
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A defendant shall be punished by imprisonment for two years.

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

1. On November 21, 2013, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) committed an indecent act against the victim, who is a child or juvenile, by inserting the victim’s hand over his/her hand between the victim’s bridge and inserting the victim’s hand on one occasion.

2. On November 14, 2013, the Defendant attempted to steal goods by opening a driver’s seat of the FIsttop vehicle parked by the victim E (the age of 32) at the parking lot behind the main building of the Korea National University of Gando, which is located in Ansan-dong on November 14, 2013. However, the Defendant did not commit an attempted crime because he was discovered to the victim, who was seated on the rear seat of the said vehicle, and did not commit such act.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Entry of each statement of the police officer in D and E;

1. Application of each video statute of the place of occurrence (Evidence No. 11), photograph of the place of occurrence (Evidence No. 50-52 page of Evidence No. 50 of the record);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act: Articles 342 and 329 of the Criminal Act;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes above two crimes)

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 21 (2), the main sentence of Article 21 (3), Article 21 (4), subparagraph 2 (a) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 59 of the Act on Probation, etc.;

1. 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, which is exempted from disclosure or notification

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