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(영문) 수원지방법원 성남지원 2017.04.27 2017고합3
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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

The defendant is the defendant's point of the D convenience store in Gwangju City, and the victim E (the 15-year age) is the juvenile who is part of the weekend at the above convenience store.

1. Around July 2016, the Defendant committed the crime: (a) around July 2016, 2016: (b) the Victim Dazed from the above convenience store to the inside of the Kabter; (c) the Victim Dazed from the inside of the Kabter;

Along with a long time, the term “Isaman” refers to two arms in which the body of the victim was saved and saved, and “Habbre” refers to “Habbre”, and flabed by the victim’s hand, thereby suffering from the area where the victim’s hand was located.

2. On August 7, 2016, the Defendant committed the crime at around 08:48 on August 7, 2016, 2016: (a) the Defendant: (b) was the victim at the above place; (c) was the victim’s “defluence”; and (d) was the victim’s hand for about 40 seconds by taking the victim’s hand; (c) kid the victim’s hand; (d) kid the victim’s hand by taking the victim’s hand; and (e) followed the victim’s hand, who was able to get the victim’s left side for about seven seconds.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Reporting internal investigation (locating the personal information of the suspected victim, photographing the damaged place, and applying Acts and subordinate statutes to CCTV verification);

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

1. Aggravation of concurrent crimes with punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed for a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, which has heavier judgment on the punishment for concurrent crimes];

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 among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The proviso to Article 49 (1) of the Act on the Protection of Juveniles against Sexual Abuse, which is exempted from disclosure orders and notification orders;

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