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(영문) 의정부지방법원 고양지원 2016.04.15 2015고합292
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

On July 3, 2015, at around 14:00 on July 3, 2015, the Defendant discovered the victim E (W, 16 years old) who was bleeped with male-gu and wraped in the said female parking lot from the CCTV screen in the second floor of “D” room operated by the Defendant, which is located in C.

The defendant gets off the victim's snow, cut off the victim's snow, and "I am on the top, I am you see, I am you am on the victim's second floor, and went to the victim's room."

The defendant laid off the face of the victim who was seated in a female room with a bar, and saw the victim as his hand, and committed an indecent act by force against the victim, who is a juvenile, according to the victim's suffering under the influence of alcohol.

Summary of Evidence

1. Entry of the accused in the first trial record;

1. Each legal statement of E, F and G;

1. On-site photographs and victim message photographs;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

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. A child exempted from disclosure order or notification order has the effect of preventing re-offending by the defendant to a certain extent only by registering personal information and taking lectures to treat sexual assault in this case;

Comprehensively taking account of various circumstances such as the appearance of the defendant, there are special circumstances in which disclosure of the defendant's personal information may not be disclosed.

3) Determination of the argument of the defendant and his defense counsel

1. At the time of the instant assertion, only the victim’s snow was sleeped in the inn room of the second floor at the time of the instant assertion.

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