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(영문) 춘천지방법원 강릉지원 2017.03.21 2017고합6
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 6, 2016, the Defendant reported the victim E (the 15 years of age), victim F (the 15 years of age), and victim F (the 15 years of age) who was waiting for a bus in the vicinity of the D bus stops located in Gangseo-si, Gangseo-si, Seoul, on December 6, 2016. The Defendant saw that “the son and the son have a son and son, the son and son,” and her son and son are able to use the son and son of the victim E as the son and son of the son, the son and son are able to use the son and son of the son, and committed an indecent act in response to the son’s son and the son’s son’s son and son’s son’s son and son’s son’s son, as the son’s son and son’s son’s son were continuously used.

Accordingly, the defendant forced victims who are children and juveniles to commit indecent acts.

Summary of Evidence

1. Statement by the defendant in court;

1. E and F statements recorded in each video recording CD (Nos. 8 and 14 in the evidence list);

1. A report on investigation (teleline investigation into witnesses G);

1. Investigation report (Attachment of CCTV images, etc. for the control of parking and stopping), application of photographic Acts and subordinate statutes;

1. Article 7 (3) of the Act on the Protection of Juveniles from Sexual Abuse, and Article 298 of the Criminal Act, which provide for the relevant legal provisions and the choice of punishment for each of the crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The age and occupation of the defendant, social relationship, motive and degree of the crime, the existence of the same force and the risk of recidivism, the disclosure and notification order, as well as the anticipated side effects of the defendant's disadvantage and the expected side effects of Article 49 (1) (proviso) and Article 50 (1) (proviso) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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