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A defendant shall be punished by imprisonment for one year.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
1. 아동 ㆍ 청소년 의성보호에 관한 법률위반( 강제 추행) 피고인은 2015. 10. 17. 02:00 경 여주시 D에 있는 ‘E’ 사무실에서, 응급 구조사 교육을 위해 위탁 받은 아동 ㆍ 청소년인 피해자 F( 여, 15세) 와 함께 술을 마신 후, 술에 취한 피해자가 잠을 자기 위하여 방에 들어가 눕자 곧 뒤따라 들어가 피해자의 옆에 누운 다음, 피해자가 거부하였음에도 피해자의 상의 안쪽으로 손을 집어넣어 피해자의 가슴과 배를 만지고, 계속하여 피고인의 성기를 피해 자의 엉덩이에 대고 비볐다.
Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.
2. On September 20, 2015, the Defendant, without obtaining a driver’s license, driven the said ambulances without obtaining a driver’s license for more than 12 times from around 150km to the “E” located in G, Gangwon-gun, Crossing-gun, and from November 14, 2015 until November 14, 2015, from around 15, the Defendant driven the said ambulances without obtaining a driver’s license for more than 12 vehicles, as indicated in the list of crimes committed in the attached Table.
Summary of Evidence
1. Statement by the defendant in court;
1. Legal statement of witness F;
1. Investigation report (cancellation of a license to confirm details of acquisition of a suspect's driver's license) and driving experience certificate;
1. Application of the Act and subordinate statutes of the Investigation Report (Confirmation of Suspected Driving Vehicles) and the next Inquiry Inquiry Agency (G);
1. Relevant legal provisions of the Act on the Protection of 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 compulsory indecent act against children and the choice of imprisonment), Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the occupation of driving without a license and the choice of imprisonment, respectively);
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 punishment shall be aggravated within the scope computed by adding up the maximum term of each crime above the punishment prescribed for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, of which the punishment is the largest];
1. The Criminal Act for mitigation of quantity;