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(영문) 의정부지방법원 고양지원 2017.08.25 2016고합261
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

At around 18:51 on September 5, 2016, the Defendant: (a) informed the victim E (the 17 years old) who used ATM at D branch D 365 automated coaches located in Pakistan, and (b) made it known to the victim E (the 17 years old) who used ATM, and (c) made it known to the victim’s right to use the machines, and (d) made the victim’s am her own knick hand on the rear side of the victim’s her own knive hand, and continued to turn the victim’s her am her one time to the rear of the victim’s her school friendly job offering victim F (the 17 years old), and (e) made the victim’s her am and her am her knick to the above Defendant’s indecent act.

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. Statement made by each police officer of the E and F;

1. Each petition and accusation filed by E and F;

1. Application of investigation reports (as a result of the transfer of a suspect's family and the inspection of field CCTVs), investigation reports (as a result of the destruction of agricultural CCTV images);

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. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes with punishment prescribed for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims E with heavier penalty];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection and Observation of Children and the Protection of Juveniles against Sexual Abuse;

1. Grounds for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1)2 and the main sentence of Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period from one year to 22 years and six months;

2. The sentencing guidelines shall be recommended; and

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