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(영문) 수원지방법원 2016.07.12 2016고합291
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Criminal facts

1. On November 8, 2015, from around 22:30 to around 0:30 on November 9, 2015, the Defendant: (a) was an employee of the victim F (17 years of age) who works in the Esing room located in the Esing room located in the Esing line D at Suwon-si; and (b) the victim’s friendly job offering H with G and the victim’s friendly job offering h while the Defendant sing their singing and drinking in a dance with the victim’s knife with the victim’s knife with the victim’s knife with the victim’s knife with the victim’s knife with the victim’s knife with the victim’s knife with the victim’s knife with the victim’s knif

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

2. On November 2015, the Defendant, in the middle of 20:0 to 21:00, up to 21:00, placed in the second floor of the restaurant run by the Defendant, who was preparing for the food of customers, in the second floor of the restaurant run by the Defendant, at the Suwon-si, Suwon-si, Suwon-si, the ambane of the victim G (V, 17 years of age), was her own 2-3 hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Each police investigation report (the change of facts constituting an indecent act by force of a suspect and the result of a psychological physiological examination);

1. Report on investigation by the prosecution (report on the interview with victims and hearing of statements);

1. Application of Acts and subordinate statutes governing the business report;

1. Article 7 (3) of the Act on the Protection of Juveniles from Sexual Abuse and Article 298 of the Criminal Act, which provide for the relevant legal provisions and the choice of punishment for each of the crimes;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes concerning the violation of the Act on the Protection of Juveniles from Sexual Abuse against heavy victims F];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The community service order under Article 62-2 of the Criminal Act;

1. A person who is finally and conclusively convicted of a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Juveniles against Sexual Abuse against a child who has registered personal information under the main sentence of Article 21 (2) of the Act on the Protection of Juveniles against Sexual Abuse shall be punished in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment,

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