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(영문) 수원지방법원 안산지원 2014.07.11 2013고합436
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

1. The defendant shall be punished by imprisonment for two years;

2. The defendant shall complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

Defendant

On October 15, 2013, the person subject to a request to attach an order (hereinafter referred to as the "defendant") was 30-2, which was operated as a bus stops in front of the valley-dong Busan Metropolitan City bus stops in front of the same Gu at the regular bus stops in front of the same Gu (hereinafter referred to as the "instant bus") around 07:45 on October 15, 2013, and was pushed down after the victim D (V, 17 years old), etc. located in the said bus, and the victim's her sent was feld with his am, and the victim's ambane was feld with his ambane, and the victim's ambane was feld with his ambane.

As a result, the defendant committed an indecent act against a child or juvenile victim by force.

Summary of Evidence

1. Legal statement of witness D;

2. Statement made by the police against D;

3. Application of the video-recording Acts and subordinate statutes to video images inside urban buses No. 30-2 recorded in the video CDs.

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 relevant criminal facts;

2. Order to complete a program under the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

3. Determination as to the defendant and his defense counsel's assertion in full view of the following circumstances: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that a large number of passengers contacted the victim's body within the bus of this case; (b) the defendant seems to have committed the crime of this case in a somewhat dynamic and friendly manner; (c) there is no record of criminal punishment; and (d) the defendant's age, occupation, family relation, profits and preventive effects expected from the disclosure or notification order to the defendant; and (e) any disadvantages and side effects therefrom.

1. The summary of the assertion is that the defendant commits an indecent act against the victim as stated in the judgment.

2. The judgment can be seen based on the evidence adopted by the court.

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