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(영문) 광주지방법원 2017.01.20 2016고합465
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for two years.

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. On June 13, 2016, around 07:54, the Defendant found the victim F (nive, 16 years of age) who gets in a bus via E at the bus stops located in Gwangju-gu, Gwangju-gu, about 07:54, and 16 years of age), discovered the victim F (nive, 16 years of age) who gets in a bus via E at the bus stops in Gwangju-gu, Gwangju-gu, the Defendant committed an indecent act by force against the victim, who is a child or juvenile, by using a congested gap in the victim’s rear side by using a mixed gap.

2. On May 25, 2016, around 08:15, the Defendant committed an indecent act by force against the victim by getting on the I bus at the H bus stops located in Gwangju Northern-gu, Gwangju, and finding out the victim J (n, 21 years old). On the following side of the victim, the Defendant forced the victim to commit an indecent act by taking advantage of the congested gap between the victim’s sexual organ and the victim’s sexual organ behind the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to J and F;

1. A gene appraisal report and a request for notification and reply with respect to persons who conform to the DNA;

1. Application of Acts and subordinate statutes on the screen by cutting one page data, and by cutting down a suspect’s suspected image images to A’s indecent act;

1. Relevant provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (the occupation of indecent act against children and juveniles, the choice of imprisonment), and Article 298 of the Criminal Act (the occupation of indecent act by force and the choice of imprisonment) concerning the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall be made within the extent that the sum of the long-term punishments of the crimes specified for the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, with heavier punishment, is aggregated);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act on the observation of protection;

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

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