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(영문) 수원지방법원 안산지원 2017.01.13 2016고합192
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
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

Although the Defendant stated in the instant indictment as “former History,” the only fact that the victim expressed as “right holder” when referring to the Defendant, the Defendant recognized as above.

A person who was a juvenile and was aware of attending a church such as the victim D (17 years of age) and counseling.

1. Around December 29, 2015, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) committed an indecent act against the victim in a FM5 passenger car operated by the Defendant near Sinung-si E located in Sinung-si on December 15:30, 2015, the Defendant: (a) committed an indecent act against the victim who was seated in his/her early stage; (b) committed an indecent act against the victim; (c) committed an indecent act against the victim by reporting the victim who was seated in his/her early stage; and (d) intending to take the victim’s face with his/her face; and (d) laid the victim’s chest into his/her clothes.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

2. On December 29, 2015, the Defendant sent to the victim text messages that make the victim feel a sense of sexual shame on three occasions, such as the Defendant’s cell phone located in the city of entertainment, such as the Defendant’s cell phone in order to talk with the chest, “I wish to talk with the chest,” “I would see the chest and soon time to break with the chest,” “I would see in the singing room,” and “I would like to see in the singing room.”

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. The statement of a victim recorded in video recording CDs;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes of each investigation report (including the document Nos. 9, 14 and each accompanying document)

1. Article 7(3) of the Act on the Protection of Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a communications medium) concerning the crime committed by a child who has the choice of a punishment.

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