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(영문) 창원지방법원 마산지원 2017.11.10 2017고합87
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From April 2017, the Defendant has been working as an employee in the E Reading Office located in Changwon-si, Changwon-si.

On June 7, 2017, at around 11:00, the Defendant: (a) visited the said E Reading Office first to visit the victim F (F) who is a child or juvenile with registered registration; (b) had the victim aware of the victim, such as bringing the victim to the instant World Cup on 18:50 on the same day; (c) had the victim known of the victim; and (d) transferred the victim’s name to two perusal rooms without any other user.

Since then, the Defendant entered the second reading room where the injured person was in the public book at around 21:00 on the same day and led the victim to “self-return” and “nicking,” but the victim refused to do so, the Defendant forced the victim to do so by bringing the victim into the room and preventing him from driving the victim again, and led the victim to kid, and then the victim kids, the victim was kid, and the other hand was stored in the victim’s chest and panty, and the victim’s chest and fry were stored in the victim’s chest and panty.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Two video recorded CDs (victims), two video recorded CDs (victims, two times);

1. Stenographic records of the accusation center and the Gyeongnam Sea Center;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 7 (3) and 298 of the Act on the Protection of Juveniles against Sexual Abuse against the relevant legal entity's Crimes;

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 among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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