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(영문) 의정부지방법원 2018.04.19 2017고합369
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 October 12, 2015, the Defendant was forced to commit an indecent act at DP room located in Chungcheongnam-si, Namyang-si, Namyang-si, 17:00 on December 12, 2015, the victim E (18 years old), and the victim F (18 years old), who was waiting for friendship, is likely to sit on the following.

“The victim’s indecent act was committed by force on the part of the victim E, on the part of the hand, on the part of the victim E, and on the part of the victim F, three times the right part of the victim F.

2. On October 14, 2015, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) is a good thing at the bus stops located in Namyang-si G around 12:55 on October 14, 2015, to the victim H (V, 18 years of age) who is a child or juvenile who was waiting for a bus with school uniforms to go to the school.

The victim's buckbucks by inserting left hand into the fuck of the injured party and forced the victim to commit an indecent act by inserting the victim's bucks.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to the victim E, F, and H;

1. Application of Acts and subordinate statutes governing suspect photographs;

1. Relevant legal 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, Article 298 of the Criminal Act, and the choice of imprisonment with prison labor, 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. Reduction of a small amount (The following favorable circumstances among the reasons for sentencing) under Articles 53 and 55 (1) 3 of the Criminal Act:

1. Suspension of execution (Article 62 (1) of the Criminal Act, which is advantageous to the following grounds for sentencing, shall be considered):

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The exemption from disclosure orders and notification orders shall be the protection of children and juveniles against sexual traffic;

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