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(영문) 수원지방법원 안양지원 2016.02.12 2015고합179
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On August 28, 2015, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) was on the front side of the Mayang-gu C apartment house in Ansan-si, Ansan-si, and on the front side of the Mayang-si, the victim D (here, 14 years old), who is a child or juvenile, was her son, and exercised the force against the victim’s will.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

2. Compulsory indecent acts;

A. During around 04:58 on August 29, 2015, the Defendant: (a) boarded the “F” parking zone located in E, in front of the exit of the Gu; (b) on the name of the damaged, a female her ambb, who was her own seat, exercised the force against the victim’s will because her ambbb was her hands behind her part; and (c) exercised the force against the victim’s will.

Accordingly, the Defendant committed an indecent act on the part of the victim.

B. On August 31, 2015, the Defendant: (a) 23:15, on the front day of the “H” located in Maan-gu, Mayang-si, Mayang-si; and (b) Haaked from the front day of the “H”, the Defendant exercised the type of force against the victim’s will because the victim’s her b/her her b/her b/her her b/her her b/

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to stenographic records (victim D's statement), investigation reports (in the event of the victim of such offense), and statutes;

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, and Article 298 of the Criminal Act (the point of forced indecent conduct by juveniles, the choice of punishment by imprisonment), and Article 298 of the Criminal Act, respectively;

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes concerning a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, of which punishment is the largest);

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 provides that the suspension of execution (i.e., for the following reasons, repeated consideration of favorable circumstances among the reasons for sentencing).

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