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(영문) 의정부지방법원 2019.07.19 2019고합139
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

The defendant is an employee working at the Criju station in Southyang-si, and the victims are high school students working at the above Criju station.

1. On September 9, 2018, at around 11:55, the Defendant committed an indecent act on the part of the victim D (Many, 17 years of age) who had been making a gas in the gas station around the gas station in question, with the victim’s knife as his knife with his knife, and committed an indecent act on the part of the victim. On the same day, at around 12:13 of the same day, D, who had been making a gas in his knife with the victim’s knife with his knife with his knife with his knife.

2. On September 9, 2018, the Defendant, around 13:15, committed an indecent act against the victim E (nivers, 18 years of age) who had been making a gas in the gas station in front of the gas station, on his/her hand, committed an indecent act on his/her part, as he/she was her fumt.

3. From August 2018 to early September 2018, the Defendant committed an indecent act against the victim, who was calculating the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

As a result, the defendant committed an indecent act against the victims of children and juveniles on a total of four occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Each statement of G and H;

1. Application of Acts and subordinate statutes to a photograph of a gas station CCTV, a criminal investigation report (victim's CCTV image verification case), and a criminal investigation report (victim D, E, F Telephone statement listening report);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act that stipulate the relevant Articles of the Act and the choice of punishment for the crimes;

1. From among concurrent crimes, the former part of Articles 37, 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment of concurrent crimes as provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse as stated in paragraph (1) of the same Article)

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. The Criminal Act, the suspension of execution;

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