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(영문) 전주지방법원 남원지원 2018.08.09 2018고합9
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

1. On May 28, 2018, the Defendant violated the Act on the Protection of Children and Juveniles from Sexual Abuse (Indecent Act by force) around 16:30 on May 28, 2018, on the part of public toilets installed in the Da located in the Da, the Victim E (Inn, 17 years of age) went into the school and had the victim committed an indecent act against the victim. In order to have the victim committed an indecent act against the victim, the Defendant taken the victim’s chest as his/her hand, who intends to see his/her hand in the three gate, and the victim saw his/her chest on his/her chest and her chest on his/her chest, added his/her arms to the victim’s left shoulder, and laid the chest on his/her chest.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into public use places for sexual purposes) the Defendant intruded into D female toilets, which are public use places, for the purpose of forcing E to commit an indecent act as above, at the time and places specified in paragraph (1), and invaded into public toilets of the said female with the intent to attract the chest by entering around 16:40 on the same day, depending on nameless female, and in the same manner.

Accordingly, the Defendant infringed on the public use area used by many unspecified persons for the purpose of meeting his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of F and G;

1. The list of seized articles and photographs thereof;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to photograph the suspect's photograph, on-site photograph, processing of the case 112 report, CCTV image-fix photographs, and black fix photographs at the time of voluntary accompanying;

1. Relevant legal provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (the point of coercion against children and juveniles, the choice of imprisonment with labor), and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of intrusion into places for public use, the choice of imprisonment with labor);

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act for the aggravation of concurrent crimes (the date on which punishment is made).

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