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(영문) 광주지방법원 2016.07.15 2016고합150
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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 March 7, 2016, the Defendant reported around March 7, 2016, around 20:47, the victim D (the name, the life, the birth, the age of 16) who suffered school uniforms from the vicinity of the Seo-gu Seo-gu apartment in Gwangju, Seo-gu.

In addition, the defendant reported that the above victim entered the above apartment building, and met with the victim and the elevator as the victim, and 3 to 4.

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

2. On March 16, 2016, around March 16, 2016, the Defendant, at around 20:07, visited the victim G (the family name, female, the birth of September 2001, and the age of 14) who was waiting for driving a driving school in the 1st floor of 203-dong 1, 203 apartment housing located in Seo-gu, Seo-gu, Gwangju, by approaching the victim G (the age of 14) where the Defendant was waiting for driving a driving school in order to take a driving school, and used the victim’s bridge on the bridge in his/her own hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and G;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act that select the relevant criminal facts;

1. Aggravation of concurrent crimes under 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 the punishment prescribed for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse on March 16, 2016, heavier punishment for concurrent crimes];

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) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant has no criminal record, and the motive and method of committing the instant crime;

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