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(영문) 서울남부지방법원 2016.09.02 2016고합347
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. On May 21, 2016, around 21:00, the Defendant discovered the victim E (the family name, the 18-year old age) who is a juvenile who has taken delivery by a D post office, and passes through the victim's left side, and rhums the victim's chest with his left hand and write the victim's chest with his hand.

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

B. The Defendant escaped immediately after committing the crime as above at the time stated in the above paragraph 1(a) above, and the victim, who followed the Defendant on the front of the F apartment in light of light, resisted the Defendant at the time, stating that the Defendant “influences the chest” was “influences the chest,” and only once the victim’s chest was her left hand.

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

2. On May 21, 2016, at around 21:05, the Defendant: (a) took a bath to the victim G (the age of 17) who had committed an indecent act against juvenile E on the front of the F apartment site in light of light, and driven away from her escape; (b) “Influence, mash, dead, and discarded,” and (c) the victim took one time the face part of the victim’s blue while blueing the Defendant.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E (alias) and G;

1. Application of Part I Acts and subordinate statutes to the same degree;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 260 (1) of the Criminal Act (the occupation of indecent act by children or juveniles, the choice of imprisonment), and Article 260 (1) of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravation of concurrent crimes with the punishment prescribed in Article 1-2 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse as of the largest punishment and punishment];

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

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

1. Social services and.

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