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(영문) 수원지방법원 안양지원 2016.05.27 2016고합42
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

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. Plastic Defendant obscenity to E (V, 17 years of age) who makes a mobile phone call at a D playter where many and unspecified persons pass in Annyang-gu, Annyang-si, Annyang-si, Annyang-si, Annyang-si, A around October 1, 2015.

“I ambling and leaving the Defendant’s sexual organ; I ambling

By showing, patently obscene acts were conducted.

2. On October 2, 2015, the Defendant, 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 a juvenile, on the following grounds: (a) on October 2, 2015, the Defendant committed an indecent act against a juvenile, by forcing the victim to use the victim’s shoulder part through his/her hands to use the victim’s lebli part, and by making the victim’s lebli part available.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and E;

1. Application of the Acts and subordinate statutes to a report on investigation (a CCTV photograph taken on the face of a crime), and a report on internal investigation (a CCTV photograph taken on the face of a crime);

1. Relevant legal provisions of the Act on the Protection of Juveniles against Sexual Abuse, 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 245 of the Criminal Act (public performance and obscene points, and Selection of Imprisonment)

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated as provided for in the Act on the Protection of Juveniles from Sexual Abuse, to the extent that the punishment is aggregated with the long-term punishment of the crimes above two crimes, which are heavier than the punishment;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

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 Juveniles against Sexual Abuse, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse, which is exempted from an order to attend a lecture or an order to notify disclosure and notification under Article 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, [the Defendant’s age, family environment, social ties, criminal records, and the risk of recidivism recognized as recorded

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