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(영문) 광주지방법원 2017.10.20 2017고합346
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

On April 19, 2017, from around 12:10 to around 12:19, the Defendant used alcohol in D Park located in Gwangju Mine-gu, Gwangju, for the purpose of drinking alcohol in the D Park, and 13 years old, and G (n, F.F., 13 years old, 13 years old), and I (n, J., J., 14 years old) talks with the victim E who used to hold a gysium in the park as a park, and used the victim E head in his/her hands three times as his/her hand while she talks with the victim E (n, H. H., Ha, and 14 years old). Despite the fact that the victim E had spread from his/her arms, the victim E continued to see the victim E, puts his/her hand on his/her left shoulder, and she was able to see the victim's head G head G who was sitting next to the park, and she was able to see the victim's gy.

Accordingly, the defendant forced victims who are children and juveniles to commit indecent acts.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on police statements made to E, G, and I;

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

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes with regard to crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against I who is the largest victim of the offense];

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) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (including the Defendant’s absence of any sexual record, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order and notification order, and the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the protection of the victim from the sexual crime subject to registration.

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