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(영문) 의정부지방법원 2017.08.30 2016고합503
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 19, 2016, the Defendant: (a) in the E bus that passed D in front of the city of Speaker on August 19, 2016, and (b) in order to lower the victim F (n, 17 years of age) who is going to school due to school uniforms, the Defendant: (c) followed the victim in front of the bus in front of the bus; (d) attached the Defendant’s sexual organ to his her son; (c) three times at the end of the bus; and (d) continued to contact the victim in a way that the victim was her her son, and (d) attached the Defendant’s sexual organ to his her son at the end of the bus.

Accordingly, the Defendant committed an indecent act against a child or juvenile victim on two occasions as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (as to a specific bus that has occurred in this case), investigation report (as to the defendant’s identity), investigation report (as to the confirmation report ofCCTV images); and

1. The application of the Act and subordinate statutes to a plan for the registration of the transfer card seizure verification reply and the national card seizure verification reply;

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 as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes committed against a violation of the Act on the Protection of Children and Juveniles against Forced Acts on the Protection of Children and Juveniles against Buses entered in any heavier judgment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 21 (4) of the Act on the Protection and Observation of Children and the Protection of Juveniles against Sexual Abuse;

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 record of being punished for the same sex offense, and this shall not apply.

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