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(영문) 청주지방법원 충주지원 2015.12.10 2015고합35
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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

The Defendant is a person operating a cafeteria “C” in the voice group B, and the victim D (V, 17 years old) who is a juvenile is a person working at the cafeteria at the cafeteria.

At around 12:20 on July 25, 2015, the Defendant: (a) Dad the victim working in the above “C” restaurant, and (b) Dod the customer well-being; (c) Dod the victim’s arms and sold by hand on the shoulder of the victim; and (d) Dod the victim’s arms and sold by hand from the above date to July 18:00 on July 25, 2015, the Defendant committed indecent act by force on three occasions, such as the list of crimes, as indicated in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of the Acts and subordinate statutes on CCTV photograph records;

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 stipulate the relevant Articles of the Act and the choice of punishment for the crimes;

1. Of concurrent crimes, an aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes resulting from a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, around July 18, 2015, which is the largest penalty);

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 consideration shall be made again for the reason of sentencing);

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

1. The age, occupation, environment, social ties, criminal records, the circumstances after the crime of this case (which can be expected to be effective to prevent recidivism by taking courses for treating sexual assault, etc.), the effectiveness of preventing sexual crimes expected by disclosing and notifying information on the accused, and the disadvantages and expected side effects of the accused, etc.

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