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(영문) 전주지방법원 군산지원 2016.09.01 2016고합99
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a foreigner of his nationality, entered the Republic of Korea on September 13, 2006 with non-professionals employed, and entered the Republic of Korea on October 11, 2012, and was illegally staying in the Republic of Korea on the expiration of the visa. From the end of February 2016, the Defendant was temporarily staying in the Republic of Korea D in the Sosan-si where he had a human-friendly relationship with C.

On July 12, 2016, at around 22:40, the Defendant: (a) sought to offer the arms and legs, etc. to the victim E (the 13 years of age), who is his/her father, at the inside of the residence of the above C, and (b) taken the arms and legs, etc. over the victim’s side, and (c) taken the arms and legs in the victim’s side, as he/she is in charge of the victim’s her her her her her her her her her her her her her her her her her her her her her her her her part, and her her her her her her her her her her part is written into the her her her part

Therefore, when the victim gets a sound and resisted, the defendant gets a victim, and the victim gets a victim, and the victim said that "E is good, and E does not refuse to do so."

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Application of Acts and subordinate statutes concerning investigation reports (with respect to statements made by the victim), investigation reports (whether a suspect A illegally stays), investigation reports (with respect to statements made on suspicion of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse), investigation reports (in relation between a suspect and a victim), investigation reports (indecent act by blood of a suspect), and investigation reports (in relation to non-application

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

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. As to the defendant who has registered personal information under Article 62(1) of the Criminal Code (the following sentencing grounds), the defendant shall be subject to the registration of personal information.

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