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(영문) 광주지방법원 2018.03.30 2017고합589
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant, at around 16:50 on August 27, 2017, talked in “D’s singing in Gwangju Mine-gu C,” and found in the above singing room 5, the Defendant: (a) discovered the form of singing together with the victim E (at least 17 years of age) with his/her friendship; and (b) entered the above five heading room to talk with the victim.

However, despite the victim's refusal to do so, the victim committed an indecent act on the victim's face by putting the defendant's hand on the right shoulder of the victim's own singing and using the victim's side singing, continuously rhing the victim's body as follows, and rhing the victim's body with his/her her son's son's son with his/her son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son'

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 7(3) of the Act on the Protection of Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 298 of the same Act, the selection of a fine concerning the crime;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Penalty fine of KRW 5,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (Confinement in a workhouse: 100,000 won a day);

1. Article 59(1) of the Criminal Act of the suspended sentence (The following circumstances considered in favor of the reasons for sentencing):

1. In full view of the proviso to Article 21(2) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles against Sexual Abuse (the Defendant is the primary offender, and the degree of indecent act in this case seems to be less severe and thus, the risk of re-offending is deemed to be low, and other special circumstances in which the Defendant is unable to impose an order to complete a program on him/her, in addition to

[Determination]

1. The proviso of Article 49(1) and Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse, exempted from disclosure orders and notification orders.

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