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(영문) 인천지방법원 2016.09.21 2016고합326
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 30, 2016, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) committed at the entrance of the E high school located in Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-do on March 30, 2016, discovered the Victim F (M, 17 years of age) who was traveling at the entrance of the E-high school located in Gyeonggi-gu, Gyeonggi-do, and caused the victim to be able to commit an indecent act, and the Defendant was able to

"I am asked ", brut", and am attached to the victim's side, and am close to the victim's building, and the victim's am her am her am, as the victim's am her am her's am her, was added to the victim's her am her inside.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

2. The Defendant intruded a structure into the foregoing school building by entering the same school building through the date, time, and place specified in paragraph (1) with the said school door.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to the victim F;

1. Application of CCTV data-related 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 (the occupation of indecent act against children and juveniles by compulsion), and Article 319 (1) of the Criminal Act (the occupation of a structure intrusion and the selection of a punishment by imprisonment);

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. 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 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;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant is deemed to have led to the confession of all crimes and reflect against himself/herself;

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