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(영문) 광주지방법원 2016.07.22 2016고합185
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 March 16, 2016, the Defendant committed an indecent act against the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) committed in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, with the intent to discover the victim F (V) who was in prison uniformed while examining the subject of compulsory indecent act in the E-city that operated the blind distance in Gwangju North-gu, Gwangju-gu, with the view to finding the victim F (V, 14 years old), and committing an indecent act by force. The victim’s rear the victim’s sexual organ was flicked in her her her her m, and the victim’s spherbane was flick by hand.

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

2. On May 4, 2016, at around 08:25, the Defendant’s forced indecent act committed an indecent act in the G urban bus that operated the foregoing D and front streets with a view to finding out the false victim of the name and influenite, who was suffering from the yellow clock (for example, 30 presumption) and attempted to commit an indecent act by force, and the victim’s rear side added the Defendant’s sexual flag to his her her her her mare and her mare.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Evidence photographs;

1. Application of Acts and subordinate statutes on card use;

1. Relevant 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 occupation of indecent act against children and juveniles, the choice of imprisonment), and Article 298 of the Criminal Act (the occupation of indecent act by force and the choice of imprisonment) concerning the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall be made within the extent that the sum of the long-term punishments of the crimes specified for the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, with heavier punishment, is aggregated);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

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