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(영문) 수원지방법원 안양지원 2016.08.19 2016고합91
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On June 25, 2016, the Defendant, while under the influence of alcohol around 20:30 on June 25, 2016, went to the victim E (the 15 years of age), who was a child or juvenile with his her her her her friend and her friend in D Park, and went to the next her friend, and said victim E as “the friend for 10,000 won,” and 10,000 won was her friend and buckbbbbs.

The Defendant continued to mean the Victim F (L, 15 years of age), who is a child or juvenile in his/her place, to “a person who causes drinking walk walk walk balb balb,” and the Victim F is the victim F.

The act of harming the ship was committed several times, following the defectiveness of the act of breaking the ship, the buck of the victim F with his hand, and the rest of the ship, and the victim F's hand and the buckbucks.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G (tentative name) and H (tentative name);

1. Application of the respective laws and regulations of E, F, I, and J

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 punishment of the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes concerning a violation of the Act on the Protection of Children and Juveniles from Sexual Abuse against heavy victims F];

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing under Article 49 (1) 1 and Article 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under law: Imprisonment with labor for a period of one year to two years;

2. Application of the sentencing criteria;

A. Crimes of indecent acts by force (the 13 years old or over) of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse [the 13 years old or over] sexual crimes.

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