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(영문) 인천지방법원 부천지원 2018.10.26 2018고합164
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

The Defendant is a person operating an “E” restaurant in Kimpo-si D, and the victim F (n, 17 years of age) who is a juvenile is an employee in the above restaurant.

1. On February 15, 2018, the Defendant: (a) around 20:00, at the above restaurant; (b) when the victim works in the main room, the Defendant attached the victim’s booms after the victim himself/herself; and (c) had the victim’s body in the victim’s body.

2. On February 27, 2018, the Defendant: (a) 22:00 on February 27, 2018, when the victim wishes to enter the entrance of the main entrance, he pushed the victim’s body toward the rear; and (b) her macks the damaged person’s mack.

3. On March 4, 2018, at around 20:00, the Defendant used the buckbucks on the side of the victim, which he gets off with the victim, in front of the above restaurant calculation room.

4. On April 8, 2018, the Defendant: (a) around 20:00 on April 8, 2018, around the said restaurant calculation stand, and (b) on the part of the victim, while talking about a boating with the victim, the Defendant was in charge of the part on the part of the victim’s boating and the part on the part of the victim’s chest.

5. On April 16, 2018, the Defendant: (a) around 23:40 on April 16, 2018, when the victim was seated next to the calculating unit, and was seated behind the victim, he she saw the victim’s chests to the upper part of the victim, and turned down the victim’s chests into his clothes.

Accordingly, the defendant committed an indecent act against the juvenile victim on five occasions.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to a photograph by reporting an investigation (verification of CCTV images in E) and capturing a course;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order for the protection of children or juveniles against sexual traffic;

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