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(영문) 광주지방법원 순천지원 2019.05.30 2018고합240
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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

The Defendant, at around 17:30 on July 2, 2018, at the “C” game site located in 17:30 on 17:2, 2018, to inform the victim D (name, 18 years old), and the victim E (name, leisure, 18 years old) of the method of games, and should not be informed after the victim D, and as such, the Defendant was able to keep the victim’s chest on both hand and notify the victim of the operating method of the game machine. The Defendant was able to keep the victim’s chest back to the back, with the victim’s chest over several occasions. As the victim’s body was pushed back after the victim’s E, and notified the victim of the method of operating the game machine in the above manner, the Defendant continued to have the chest back to the victim’s body.

Accordingly, the defendant forced victims to commit indecent acts.

Summary of Evidence

1. Partial statement of the defendant;

1. The stenographic records and images recorded in each video CD;

1. Investigation reports (the analysis and attachment of CCTV at a place of crime) and the application of video-related Acts and subordinate statutes contained in CCTV storage CDs;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes (aggravating concurrent crimes with the punishment prescribed by indecent act by force against D with heavy circumstances);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The possibility of recidivism of a sexual crime by the accused under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the degree and anticipated side effects of the accused’s disadvantage due to an order to disclose or notify, and the expected side effects shall be achieved.

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