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(영문) 광주지방법원 순천지원 2017.03.16 2016고합277
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal records] On June 16, 2016, the Defendant was sentenced to six months of imprisonment with labor for interference with business in the Gwangju District Court’s net support, and completed the execution of the above sentence on October 22, 2016.

[Criminal facts]

1. On October 26, 2016, the Defendant violated the Act on the Protection of Children’s Juveniles from Sexual Abuse (voluntary indecent act) did not realize that the Defendant attempted to detect the victim E (the 13-year-old) who is a juvenile of a child coming from the front side of the D Beauty Driving Institute located in Macheon-si, Macheon-si, and find out the victim E (the 13-year-old-old-age-age-age-age-age-age-age-age-age), prevent the victim from facing his/her left hand, and stop down the victim’s left chest by extending back his/her body to the right side of the victim’s body. However, the Defendant was unable to bring his/her hand into contact the victim’s left shoulder.

Accordingly, the defendant attempted to commit an indecent act against a child or juvenile victim by force.

2. On October 30, 2016, the Defendant, at the “H” entertainment entertainment station operated by the victim G, the victim G, who was in the net city F, around 22:30 on October 30, 2016, provided that the Defendant, at the “H” entertainment station, provided the victim with alcohol and had the entertainment service provider provide entertainment services.

However, the defendant did not have any intention or ability to pay the price even if he received alcohol from the injured party and received the service from the entertainment receptionist.

Nevertheless, the Defendant received a total of 135,000 won from the injured party, and received a total of 15 million won from the injured party, and received a service charge of entertainment reception service equivalent to 80,000 won.

Accordingly, the defendant, by deceiving the victim, received property and acquired property benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. Statement made by the police for E;

1. G statements;

1. Explanation of CCTV photographs for crime prevention;

1. Receipts:

1. On-site photographs;

1. Application of a reply to inquiry, such as criminal history, one copy of the judgment, and one copy of the personal confinement status;

1. Article 7(6) and (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act (Attempted Indecent Acts by Force) concerning criminal facts, the pertinent provision of the Act on the Protection of Juveniles against Sexual Abuse, and Article 7 of the Criminal Act.

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