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(영문) 수원지방법원 2018.03.15 2017고합698
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 11, 2017, the Defendant found at the bus stops in front of the D Station in Suwon-gu, Suwon-gu, around 08:19 on September 11, 2017, that the victim E (the victim E, 17 years old) is waiting for the mixed bus and forced the victim to commit an indecent act by breaking his/her sexual organ into the buckbuck part of the victim's bucket.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement made to E (tentative name);

1. Application of the Acts and subordinate statutes to the crime scene photographs, internal investigation reports (in relation to the verification of CCTVs for crime purpose), investigation reports (in the event of crimes committed by the suspect, accompanying pictures and photographs), and investigation reports (in the event of the verification of CCTV images),

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 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 that are favorable to the statement in the grounds for sentencing);

1. Article 62(1) of the Criminal Act on the stay of execution (The following grounds for sentencing shall be taken into account the conditions of sentencing prescribed in Article 51 of the Criminal Act);

1. The main sentence of Article 21 (2) and the main sentence of Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of the Defendant’s age, occupation, family relationship, type of the instant crime, motive, process, consequence and seriousness of the instant crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order and notification order, the preventive effect against sexual crimes subject to registration, the effect of the victim protection, etc., including the following: (a) the Defendant’s personal information shall not be disclosed or notified, even though the Defendant had the same record; (b) the Defendant’s age, occupation, family relationship; (c) the type, motive, process, consequence and seriousness of the instant crime; and (d) the disclosure order or notification order.

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