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(영문) 수원지방법원 안양지원 2019.05.17 2018고합194
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

1. The Defendant, around 14:00 on June 18, 2018, committed the crime against the victim B (one-third years of age), committed a kneeing to the victim while drinking alcohol together with the victim B, E, etc. at his/her own residence, but the victim refused to sit in his/her knee in the victim’s knee, and tried to have the victim sit in his/her knee, with his/her knee, standing together with his/her knee, standing together with the victim’s hand.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

2. The Defendant committed a crime against the victim E (a person, a woman, 13 years old) committed an indecent act against the victim E in the same date, time, place as described in paragraph 1, as described in paragraph 1, and committed an indecent act against B as described in paragraph 1, and, after having feled the victim E, she was knee and kneeed into the victim’s arms, knee and knee and kneeed into the victim’s knee, and knee in the victim’s panty.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of witness by the prosecution against E;

1. Application of Acts and subordinate statutes to police statement of B (alias) and E (alias);

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims E with heavy criminal penalty);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. To exempt the disclosure order, notification order, and employment restriction order, respectively;

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