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(영문) 창원지방법원 진주지원 2017.05.30 2017고합16
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

On November 21, 2016, around 06:40, the Defendant discovered the victim E (here, 17 years of age) who had attended the victim in front of D in Jinju-si, Jinju-si, and found the victim's neck by one hand followed by the victim, and put another hand into the panty of the victimized person, and became only the victim's her her son.

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

Summary of Evidence

1. The defendant's partial statement asserts that the defendant's indecent act was committed against the victim's clothes, her her panty with the victim's panty as stated in the facts or facts of the crime. However, according to the victim's investigative agency's statement, the defendant's indecent act against the victim under the same circumstances as the criminal facts can be acknowledged. The victim's statement is consistent, clear, and clear, and there is no other reason to suspect credibility.

1. E statements;

1. Stenographic records or video recorded CDs for victims;

1. Application of Acts and subordinate statutes to report internal investigation (verification of data fromCCTV image), internal investigation report (Attachment of expert opinions), expert opinion, and investigation report (Attachment of a copy of the victim welfare card to the victim);

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 selection of the relevant criminal facts;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The age of the defendant exempted from the disclosure order and notification order under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the kind, motive, process, seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant suffering due to the disclosure order and notification order, and the resulting side effects.

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