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(영문) 의정부지방법원 고양지원 2019.10.15 2019고합167
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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

[2019Gohap167] On June 2, 2019, the Defendant: (a) discovered the victim E (the 13-year old age), who was walking on the ground of the Bupyeong-gu Incheon Bupyeong-gu World shopping mall C, and (b) committed an indecent act against the child or juvenile by forcing the victim to commit an indecent act with the victim’s left hand, with the victim’s own hand, by finding out the victim E (the 13-year old age), and committing an indecent act.

[200] On May 30, 2019, the Defendant, around 22:06, placed the victim H (a) who was seated on the f apartment bus located in the middle of the F apartment bus located in Gwangju Mine-gu, Gwangju Metropolitan City, in order to get out of the original place while on board and moving G urban bus, the Defendant committed an indecent act by force against the victim, who is a child or juvenile by inserting two parts of the victim’s left left side buckbucks.

Summary of Evidence

[2019Gohap167] From among the first trial records, the investigation report of the defendant's statement E on the statement, the 112 report processing table, the investigation report (CCTV investigation), the report on the occurrence of police's statement concerning the defendant's legal statement H [2019Gohap20], the investigation report, the 112 report handling table, the investigation report (with respect to the specific suspect part) related to the crime under Chapter 16 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, Article 37, the former part of Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes [Article 5 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse], Article 55 (1) of the Criminal Act concerning the punishment of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 36 (3) of the Act concerning the Suspension of Execution of the Punishment of the Punishment of the Criminal Act against Children and Juveniles against Sexual Victims]

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