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(영문) 서울중앙지방법원 2016.08.19 2016고합686
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 January 25, 2016, the Defendant: (a) was a person who visited a customer with three nights in the “D Scrap golf course” located in C at the time of March 19:23, 2016; and (b) the victim E (V, 17 years of age) was a person who worked for the said screen golf course as an employee.

On January 25, 2016, at the above screen golf course, the Defendant 19:56 around 19:56, she mard the body of the victim with his/her head in his/her own hand, she shyd the body with his/her hand, she shyd the victim's hand, shed the victim's body with his/her hand, shed the victim's head with his/her hand, and shed the body with his/her hand at around 20:10 on the same day. At around 20:30 on the same day, the Defendant she shydd the body with his/her hand, she shyd the upper part of the victim's body with his/her hand, she shyd the front part of the victim's body, she shyd the victim's face, she shyd the victim's body and thyd the victim's body 20:4 on the same day.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (to hear statements from a victim by telephone);

1. Application of Acts and subordinate statutes 20 copies of a CCTV image closure photograph;

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 factors favorable to the defendant among the reasons for sentencing shall be considered);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following grounds for sentencing have been repeatedly taken into account the circumstances favorable to the defendant);

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

1. An order of disclosure and notification;

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