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(영문) 창원지방법원 마산지원 2014.05.28 2014고합14
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On February 2, 2014, at around 11:30, the Defendant committed an indecent act against the victim by reporting that the victim E (the 16-year-old age-old) is waiting to enter the string with the string before the cash payment engine of the D Bank located in the Macompo-gu, Changwon-si.

Although the Defendant entered the victim as a father, the Defendant stated, “The young lethm is large,” only once, the Defendant called “the young lethm will not be met,” the victim was able to take the hand of the defective victim who tried to leave the Defendant out of the damage.”

When the victim tried again to go out of the sus, the defendant said that "the method of using cash payment instruments is to get out of the sus," and the defendant made it impossible to get out of the victim, and made up about 10 the left chests.

In addition, the Defendant stated that the victim who intends to flee was “I Mad. Mad. Had. Had. Had. Had. Had. Mad. Mad. Mad. Mad. Mad. Mad. Mad. Mad. Mad. Mad. Mad.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Act and subordinate statutes to a criminal investigation report (CCTV-faging photographs and video CDs);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The Defendant exempted from an order to attend a course or order to complete a program is currently hospitalized due to depression, and it is determined that it would be difficult for the probation office to conduct a lecture or treatment program designed to prevent recidivism normally due to continuous medical treatment for at least one year. Therefore, pursuant to the proviso to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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