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(영문) 대전지방법원 서산지원 2016.12.15 2016고합60
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 7, 2016, the Defendant: (a) on September 21, 2016, on the street near Seosan-si around September 7, 2016, the Defendant: (b) left the road, followed by the victim E (name, leisure, age 17) who walked on the road; (c) brought the victim’s loss, etc. to his/her own gender; and (d) brought about the victim’s loss, etc. to his/her own gender; and (d) continuously left the victim’s chest by hand after the victim’s et al.; and (e) left the victim’s seat, left the victim’s seat, and left the victim’s seat.

Accordingly, the defendant committed indecent acts by force against the victim who is a child or juvenile.

2. On September 30, 2016, the Defendant, around September 30, 2016, 21:45-22:00 on September 30, 201, committed indecent act by compulsion, the Defendant: (a) followed the victim H (one’s name, half, 18 years old) who walked on the road to take the victim’s hand; (b) said that “the victim’s left shoulder,” and brought the victim’s body to the body.

Accordingly, the defendant committed indecent acts by force against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and H;

1. Application of each internal investigation report, each on-site photograph, and the Acts and subordinate statutes governing the leakage of CCTV images;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment with labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the Criminal Act (the aggravation of concurrent crimes committed by indecent act by compulsion on September 7, 2016, with heavier penalty);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49 (1) and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an order of disclosure and notification;

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