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(영문) 청주지방법원 영동지원 2019.05.15 2019고합5
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
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 February 20, 2019, the Defendant committed the crime on February 20, 2019, at around 14:00, committed an indecent act against the victim by forcing him/her to commit an indecent act with the victim’s D (inns, 56 years of age) while drinking alcohol together with the victim’s D, with one hand, having knicked one hand, and driving the victim’s right chest.

2. On April 8, 2019, the Defendant committed the crime: (a) around 19:00 on April 8, 2019, committed a indecent act by force against a child or juvenile on the part of the victim, by reporting the victim G (the name, female, 14 years old; hereinafter the same shall apply) to him/her on his/her left hand in front of the entry and exit of the YMMEEEEM, the 2019. The Defendant committed an indecent act by force against a child or juvenile on the part of the victim, including: (b) he/she met the victim’s left shoulder and arms with his/her left hand; (c) he/she continued to board the elevator along with the victim on the elevator, and (d) continues to have his/her left shouldered; and (d) he/she saws his/her face with his/her face; and (d) having his/her fingerd with the victim’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D, H and G;

1. A photograph of a CCTV closure;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List 4);

1. Article 298 of the Criminal Act applicable to the relevant criminal facts, the choice of punishment, Article 298 of the Criminal Act, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act;

1. From among concurrent crimes, an aggravated punishment of concurrent crimes within the scope of adding up the maximum term of two crimes prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the scope of adding up the maximum term of two crimes prescribed in the Act on the Protection of Children

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. The accused of 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;

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