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(영문) 수원지방법원 평택지원 2016.06.15 2016고합35
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. Plastic Defendant is waiting for the victim E (n, 13 years old), F (n, 14 years old), G (n, 13 years old) to return back to a toilet in front of D public toilets located in Pyeongtaek-si C on March 19, 2016. The victims of this case are able to see the victim E (n, 13 years old), F (n, 14 years old), G (n, 13 years old).

“I ambling one’s bomer and bombling one’s hand with a bomb.”

Accordingly, the victims, who want to flee before the above DF head of the Gu, and the defendant, followed by the victims, carried their sexual organ toward the left hand, while the victims are able to do so, and they committed the act of self-defenseing the sexual organ above the left hand, while they are able to do so.

Accordingly, the Defendant publicly committed an obscene act.

2. The Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) committed the act of self-defense with the left hand of the victim E (the 13 years old) with the left hand who was engaged in the act of self-defense, as described in paragraph 1, in front of the D deaf-gu Chapter 1 on the date and time set forth in paragraph 1, and carried out the act of self-defense.

Accordingly, the defendant committed indecent act against the juvenile victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of video recording CD-related Acts and subordinate statutes to video recording CCTVs for crime prevention (pack -A-368, 683);

1. Relevant Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (Compulsory Indecent Acts, Selection of Imprisonment), and Article 245 of the Criminal Act (the point of public performance and of obscenity, and Selection of Imprisonment) concerning the crime;

1. Aggravation of concurrent crimes with punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes with punishment prescribed in the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, to the extent that the sum of the long-term punishments for each of the above crimes is added);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The disclosure; and

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