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(영문) 광주지방법원 2015.04.27 2015고합92
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 March 21, 2015, the Defendant: (a) reported the victim G (n) in the vicinity of the Fridge in Northbuk-gu, 2015, 20:40, and followed the female before the victim’s house in the same Dong, and (b) forced the Defendant to commit an indecent act on his/her part, by putting his/her hand into his/her son’s son’s son, and her son’s son’s son’s son’s son, and her son’s son’s son’

2. On March 23, 2015, the Defendant publicly expressed the Defendant’s sexual organ and her clothes in front of the Victim H (Inn, 15 years of age) located in North North-gu, Gwangju, 2015.

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. Each statement made by the assistant judicial police officer in relation to G and H, which fit for such statement;

1. Any statement made by G and any statement made by H suitable for such statement;

1. Application of each Act and subordinate statute to any image that conforms to the image photograph of the SPS (CCTV) and the output photograph of the CPS (CCTV);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 245 of the Criminal Act concerning criminal facts;

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 punishments of the crimes above two crimes)

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);

1. It is difficult to readily conclude that a defendant under Article 62(1) of the Criminal Act suspended the execution of punishment has no record of criminal punishment, and thus, the risk of recidivism is evident, such as the defendant's identity while serving as a public official and living together with his/her children, and edification is within home and society.

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