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(영문) 광주지방법원 순천지원 2018.05.03 2017고합292
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who serves as a chief in charge of overall affairs in the Korean-style car page, “C” operated by the mother of the Defendant in women.

The victim D (V, 17 years old) served from the end of August 2017 to the end of September 14, 2017 as a part-time student.

On September 14, 2017, the Defendant seeed the University festival with the victim and two other daily activities, and returned to the Defendant’s car course, and 2 other daily activities except the victim and the victim excluding the victim were able to get off to the house.

At around 23:20 on the same day, the Defendant set the said car on the road front of the F convenience point in E, and tried to make the victim be accommodated on the front side of the victim, to have the victim take care of the bucks, to have the knick knick knick, to have the knick knick knick on the front side, to have the knick knick, to have the knick knick knick, to have the knick knick knick, to have the knick knick, to have the knick knick, to have the knick knick, to have the knick knick knick, to have the knick of the victim to get off from the knick.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes to investigative reports (such as attaching a recording file on telephone conversations to the mother of a victim and the defendant);

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 selection of the relevant criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The proviso to Article 49 (1) and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an order to disclose or notify information;

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