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(영문) 수원지방법원 평택지원 2014.05.07 2014고합12
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

On November 10, 2013, the Defendant: (a) around 19:47, the Defendant, within a city bus No. 50-7, a company operating gold-dong apartment front of the Dongnam apartment located in Ansan-dong, was seated back to the side of the victim C (the age of 16), and laid the victim’s gum to dump, and “after she became aware of her faceh”; (b) the Defendant committed an indecent act by force against the victim, who is a child or juvenile, by blocking the victim from leaving the victim’s bridge to the Defendant’s bridge to return to the destination.

Summary of Evidence

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement made by the police officer C on the statement; and

1. The defendant and his defense counsel's defense counsel's assertion of each video defendant and his/her defense counsel on the CCTV screen output (Evidence No. 32-35 pages) alleged that the defendant had been in the state of mental disorder or mental disorder by stating that he/she was in the state of mental disorder or mental disorder by drinking alcohol at the time of the crime of this case. According to the records, it is recognized that the defendant had drinking some amount of alcohol at the time of the crime of this case. Meanwhile, in light of various circumstances such as the background, means and methods of the crime of this case recognized by each of the above evidence, and the defendant's behavior before and after the crime of this case, the defendant did not have the ability to discern things or make decisions under the influence

Since it does not seem that there was or was a weak state, the defendant's above assertion cannot be accepted.

Application of Statutes

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

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 extenuating circumstances among the reasons for sentencing);

1. Protection of children or juveniles against the abuse of orders for probation or attending lectures;

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