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(영문) 청주지방법원 2017.04.21 2017고합47
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person with a intellectual disability of the third degree.

1. On November 8, 2016, the Defendant committed the crime against the victim C (a person under family name) around 08:00 on November 8, 2016, the Defendant met the victim C (a person under 14 years of age) who takes a uniform before the “E church” located in Cheongju-si, a considerable area of Cheongju-si.

As a result, the defendant committed an indecent act against the victim who is a juvenile.

2. On November 12, 2016, around 06:39, the Defendant committed the crime against the Victim F (a name) committed against the Victim F (a name), and around the “H restaurant” located in Cheongju-si G in substantial Gu of Cheongju-si, Cheongju-si, the Defendant met the victim F (a name, leisure, 25 years old) with the victim F (a name, age 25) who walked.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made with respect to C (tentative name) and F (tentative name);

1. A copy of a welfare card;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant provisions of the Act on the Protection of Juveniles against Sexual Abuse, Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (the forced indecent act by youth, the choice of imprisonment), and Article 298 of the Criminal Act (the forced indecent act by youth, the choice of imprisonment, and the choice of imprisonment);

1. Aggravation of concurrent crimes (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act concerning the aggravation of concurrent crimes;

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 extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 21 (4) of the Act on the Protection of Juveniles against Sexual Abuse; Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The main sentence of Article 21 (2) of the Act on the Protection of Juveniles against Sexual Abuse, and the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Exemption from an order of disclosure and notification;

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