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(영문) 수원지방법원 2020.05.21 2019고합450
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 21, 2019, at around 09:47, the Defendant: (a) recommended a juvenile victim C (at the age of 16) who was seated on the Defendant’s side seat to have a knife with the Defendant’s knife; (b) had a knife the victim’s knife with the Defendant’s knife with the Defendant’s knife; and (c) had a knife the victim’s knife with the Defendant’s knife with the Defendant’s knife for about one hour with the Victim’s knife’s knife with the Defendant’s knife for one hour; and

2. At around 11:55 on the same day as the mentioned in the preceding paragraph, the Defendant, at around 11:55, her own left hand, she sawd the victim’s buckbucks 2 to 3 times with the juvenile’s left hand, and she forced the victim to commit an indecent act by inducing the victim’s shoulder and body part with the victim’s hand hand before the above 5 Kbucks.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement of C in the protocol of examination of witness in relation to C of this Court;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on suspect boarding passes, reports on criminal investigation, reports on damage, information on the sale of train seat, ITX Saemaul Bams operating time, passenger information on off the E station, and applicable to suspect boarding passes;

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 facts constituting the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

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

1. The ages, occupations and ages of the defendants under the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, who are exempted from disclosure orders and notification orders;

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