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(영문) 수원지방법원 성남지원 2016.05.19 2016고합40
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant shall be punished by imprisonment for a term of 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 March 4, 2016, the Defendant committed an indecent act in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) committed an indecent act by force against the victim E (a juvenile) who was waiting in the signal atmosphere in front of the Seongbuk-gu Seongbuk-gu Seongbuk-gu, Seongbuk-gu, Sungnam-gu, by taking the buckbuck in front of the victim D (tentative name, 13 years old) and forced the juvenile victim D to commit an indecent act by sending the bucks of the victim E (a family name, 13 years old) who was waiting in the next end, and brought about the buckbbbbbbbbbbbs and committing an indecent act against the juvenile E.

2. On March 4, 2016, the Defendant obstructed the performance of official duties by having been investigated into the fact that the victims were forced to commit an indecent act at G DistrictF located in Seongbuk-gu, Sungnam-gu, Sungnam-si, as set forth in paragraph 1, and attempted to leave the said District, such as taking a bath and passing a loudly, etc., and attempted to leave the said District, and, at the same time, attempted to remove the police officer H from the police officer H who belongs to the said District, the Defendant asked him/her from the police officer H to leave the said District, thereby obstructing the police officer’s legitimate performance of duties concerning the prevention, suppression, investigation, etc. of the H crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and H;

1. A written statement prepared by I and J;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (Compulsory Indecent Acts, Selection of Imprisonment), and Article 136(1) of the Criminal Act (the fact that interferes with the performance of public duties and the selection of imprisonment) concerning the crime;

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes prescribed in a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against D with the largest punishment and punishment for concurrent 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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, and Article 21 (4) 1.

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