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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 becomes final and conclusive.
Reasons
Punishment of the crime
1. 아동ㆍ청소년의성보호에관한법률위반(강제추행) 피고인은 2014. 4. 19. 06:00경 서울 서대문구 C에 있는 ‘D모텔’ 102호에서, 피해자 E(여, 18세)를 강제로 끌어당겨 기습적으로 피해자의 이마, 볼, 입술, 귓불 등을 혀로 핥고, 피해자가 이를 거부하며 피고인을 밀쳐냄에도 불구하고 계속하여 피해자의 옷 속으로 손을 넣어 배와 허리를 만지는 등 아동ㆍ청소년인 피해자를 강제로 추행하였다.
2. The Defendant, following the theft, stolen at around 06:20 on the date indicated in Paragraph 1, and during the place indicated in Paragraph 1, between the victim covered the face and covered the victim’s face, the Defendant stolen KRW 2.50,000,000 in cash of KRW 50,000 from the victim’s wall.
Summary of Evidence
1. Defendant's legal statement;
1. Each protocol of statement to E prepared by the police;
1. Application of Acts and subordinate statutes to a report on investigation (Attachment of conversation between the victim and the defendant);
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 329 of the Criminal Act / Article 329 of the Criminal Act, in relation to the relevant criminal facts;
2. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments of each of the crimes prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse with heavy punishment)
3. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
4. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).
5. Probation of the Criminal Act;
6. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
7. Exemption from disclosure orders and notification orders: the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse / / The proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be applicable to the defendant.