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(영문) 수원지방법원 평택지원 2016.09.09 2016고합91
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

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

The defendant shall be ordered to complete 40 hours of sexual assault treatment lectures.

Reasons

Punishment of the crime

1. On May 12, 2016, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse, while the Defendant lacks the ability or decision-making ability to discern things due to alcohol dependence, major depression disorder, etc., the Defendant came to rhym the following behind the victim E (V, 15 years of age, Ga) who is a juvenile who is waiting for a bus by putting his/her hand in front of the bus stops located in Pyeongtaek-si, Pyeongtaek-si, the bus stops in front of the bus stops in Pyeongtaek-si on May 12, 2016.

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

2. In a situation where the Defendant, due to alcohol dependence symptoms, major depression disorder, etc., lacks the ability to discern things or make decisions, the Defendant, on May 12, 2016, at around 08:30 on May 12, 2016, took charge of the victim H (V, 26 years of age, and Ga name) who sees in front of “G” located in Pyeongtaek-si F, thereby making it difficult for him/her to take charge of the victim’s left marbl with his/her hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Application of Acts and subordinate statutes to a statement of H;

1. Relevant 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 point of forced indecent act by youth, the choice of imprisonment, and the choice of imprisonment) concerning the crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall be limited to the extent that the punishment is aggregated with the long-term punishment of a crime specified for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, with heavier punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;

1. The protection of children or juveniles against sexual traffic who are exempted from disclosure and notification orders;

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