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(영문) 광주지방법원 목포지원 2017.04.13 2016고합148
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

around 08:00 on October 29, 2016, the Defendant: (a) 309 DNA conference 309, the victim F (the name, female, 17 years old) who became aware of the Defendant’s friendship E and the date of the Defendant’s friendship; (b) f (the name, female, 17 years old); (c) performed drinking together with her friendship; and (d) her friends between E and the victim became a different guest room.

The Defendant said that the Defendant shacks the victim who sit at the bed end of the bed at the bed end, and puts his arms into force by cutting off the victim’s arms, rhys the head of the victim, and rhys the victim’s head, which the victim does not want to do so.

On the other hand, the body is set away from the person who was scambly damaged by scambling the victim's body, and the body is laid down from the victim's body that caused the body while scaming the body, and "scam off by scaming the body," and scambling the victim's body, using the victim's body in the upper part of the victim's own body, scam the chest, scam the chest into the victim's body, and the victim was aware of the victim's body while pushing the defendant.

The defendant, who said that he was blicked with the clothes, brought the victim's chest on his own hand.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The statement or stenographic record of a victim recorded in a statement recorded CD;

1. Application of Acts and subordinate statutes to report on investigation (the confirmation of victim age);

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Where a conviction becomes final and conclusive on the criminal facts stated in the judgment against the Defendant who registered the personal information of Article 21(2) and (4) of the Act on the Protection of Juveniles against Sexual Abuse against Children obliged to provide community service or attend lectures, the Defendant shall be subject to the punishment of sexual crimes.

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