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(영문) 수원지방법원 안산지원 2018.02.09 2017고합330
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the Grade 2 of the hearing disability, and is not aware of the victim C (18 tax and hearing disability Grade 2) who is a child or juvenile.

피고인은 2017. 5. 20. 15:00 경 서울 강남구 D에 있는 'E' 의 ‘F’ 이라는 행사장에서, 떡볶이 등 음식을 받기 위해 줄을 서 있던 중 피고인의 바로 뒤에 줄을 선 피해자에게 수화로 “ 어느 학교 다녀 ”라고 묻고, 이에 피해자가 “G 학교 3 학년 이에요” 라고 답하자, 반갑다며 피해자를 껴안은 다음, 피해자가 그 곳 1 층 화장실로 들어가는 것을 보고 뒤따라 들어가 피해자에게 성관계를 제안하기로 마음먹었다.

At the above E 1st floor toilets around the above day, the defendant sent the victim before the front door of the studio screen, put the victim who reported the studio into the studio column, put the victim in the studio room, and put the correction device, suggesting that the sexual relationship with the water (the above move as to the studio) was defective, and the victim who does not flap with the studio was hickly hickly hicked, and the victim's sexual organ was three times with the clothes above.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Stenographic records of the police against victims;

1. Application of Acts and subordinate statutes to the investigation report (including the document No. 18, attached to the evidence list);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment for a crime;

1. Articles 11 and 55 (1) 3 of the Criminal Act to mitigate deaf-mutes;

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. Exemption from an order to attend a lecture: The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the accused shall be a person with a hearing disability who is unable to communicate smoothly with him/her;

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