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(영문) 수원지방법원 평택지원 2018.04.23 2018고합34
아동ㆍ청소년의성보호에관한법률위반(준강제추행)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

1. On December 10, 2017, the Defendant violated the Act on the Protection of Juveniles against Sexual Abuse (quasi-voluntary indecent act) committed several occasions on the D2 floor located in Ansan-si C around 04:08, and on the side of the victim E (influence, name, and age 9) who was divingd at the same place, the victim’s bucks and negative parts were involved.

As a result, the defendant committed an indecent act against a child or juvenile victim by using the victim's resistance impossible condition.

2. A quasi-indecent act Defendant was committed on the date, time and place described in paragraph 1, and immediately after he committed an indecent act against E as described in paragraph 1, and immediately after he committed an indecent act against E.

E The parts of buckbucks and drinking part of the victim F (so-called 61 years of age) in E are several times.

As a result, the Defendant committed an indecent act on the part of the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. Statement made by the police of the F;

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV video data search);

1. Relevant Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act (a indecent act by force against children and juveniles, a choice of imprisonment), Articles 299 and 298 of the Criminal Act (a quasi indecent act by force, and a choice of imprisonment) concerning criminal facts;

1. Aggravation of concurrent crimes (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the punishment of which is heavier, shall be aggravated);

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure Orders and Notification Orders, and the protection of children and juveniles against sexual abuse;

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