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(영문) 수원지방법원 2017.08.10 2017고합49
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

The defendant, who is a Taekwondo captain accompanying the victim C (Woo, 13 years old) and was the defendant's vehicle parked in the underground parking lot of the building after visiting the victim outside of the Taekwondo place, using the fact that he cannot easily express his intention of refusal to the request of the defendant, who is a Taekwondo offender, and completing training in order to commit an indecent act against the victim.

On November 22, 2016, the Defendant: (a) was parked in the second floor parking lot under the ground of the building E located in Yongsan-si, D on November 22, 2016; (b) laid the damaged person on the back seat of the vehicle; (c) laid the damaged person on the back seat of the victim; (d) laid the damaged person on the back seat of the vehicle; and (e) laid the damaged person on the side of the victim; (c) laid the damaged person on the front seat of the vehicle; and (d) laid the damaged person on the victim’s hand during the dialogue with the victim, put him in the drafting of the victim; and (d) continued to cross the chest and the

Accordingly, the Defendant committed an indecent act against a child or juvenile victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement of a victim recorded in video recording CDs;

1. Statement made by the police with regard to C (two times);

1. Application of the Acts and subordinate statutes that cut off CCTV images at the site (G buildings).

1. Relevant Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning the facts constituting an offense;

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 favorable circumstances):

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides orders to attend lectures and provide community service orders;

1. The extent and expected side effects of the defendant's entrance due to the age, type of crime, motive, process, consequence, seriousness of crime, disclosure order or notification order under the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age of the defendant, the type of crime in this case, the process of crime, the seriousness of crime, and the disclosure order or notification order, as well

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