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(영문) 수원지방법원 안산지원 2016.11.25 2016고합260
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 27, 2016, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) committed an indecent act by force against a child or juvenile, by finding out the victim E (n, 17 years old), who was in the front of the member D in Ansan-si, and by forcing the victim to commit an indecent act by committing an indecent act by force.

2. On June 28, 2016, the Defendant: (a) discovered that the victim G (Woo, 19 years of age) in front of the Sinscopty 01:45, the Defendant committed an indecent act by compulsion by force by forcing the victim by using the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her arm

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement of E, I, and G;

1. A H statement;

1. The statement of the defendant contained in the recorded CD (No. 19 of the evidence list);

1. Application of each statute on photographs;

1. Relevant legal provisions concerning criminal facts, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 298 of the Criminal Act, and the choice of imprisonment, respectively;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishment of each crime prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse with heavy punishment) ;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 62-2 of the Criminal Act;

1. 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 defendant confessions all of the crimes of this case and made his mistake.

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