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(영문) 수원지방법원 2017.01.20 2016고합351
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for a maximum term of one year and six months.

For the accused, sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On January 5, 2016, the Defendant was sentenced to two years of long-term imprisonment with labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (mediation, etc.), and one year and six months of short-term imprisonment with labor, and the judgment became final and conclusive on August 30, 2016.

【The Defendant, at around 18:00 on February 16, 2016, committed an indecent act by force against the victim C (16) who was a reduction of the fee, by enjoying the television at this place. After the victim’s immediately following the victim’s leg, the victim’s leg, by taking the victim’s head between the victim’s leg and the Defendant’s leg, by taking the victim’s head toward the victim’s leg, and by taking the victim’s leg into consideration, committed an indecent act by force against the victim on the part of the victim’s gate part of the victim’s sexual organ in which the victim’s sexual organ was removed.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements of witnesses D and partial statements of witnesses E;

1. A copy of the protocol concerning the examination of the suspect to the F and the accused, and the protocol concerning the examination of the suspect to the prosecution;

1. Statement made by the prosecution against C;

1. Each protocol concerning the examination of the police officers against G, F, and the accused;

1. Each police statement protocol against C and E;

1. Written descriptions of C, D, E, F, and G;

1. Application of a work report, investigation report (the photo of the situation at the time of committing the crime), investigation report (the attachment of a criminal suspect who was under guard at the time of this case) (the attachment of a criminal suspect who was under guard at the time of this case), investigation report (the confirmation of accommodation

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the selection of the relevant criminal facts;

1. Articles 2 and 60(2) of the Juvenile Act, Article 55(1)3 of the Criminal Act (the defendant is a juvenile who is deemed to be in considerable consideration of his/her characteristics) of the Juvenile Act, and Article 55(1)3 of the Criminal Act

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 in favor of the defendant among the grounds for sentencing);

1. Articles 2 and 60 (1) of the Juvenile Act in an irregular manner;

1. Order to complete a program;

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