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(영문) 창원지방법원 통영지원 2018.01.25 2017고합97
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

The Defendant, due to C, had many people in the vicinity of Tong Young-si found, and had been willing to forcibly commit an indecent act against many unspecified women in the past.

1. On August 12, 2017, the Defendant, at around 20:50 on August 12, 2017, committed an indecent act against the victim E, she saw the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her,

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. The Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) against the victim H, was placed in a place set forth in paragraph (1) on the date and time, and at the place set forth in paragraph (1), followed by the victim H (the age of 14).

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

3. The Defendant forced the victim I to commit an indecent act against the victim I was under the direction of the victim I (the victim I, 26 years of age) at the place of the first time and entry, and the victim seems to have flicked the victim's sexual intercourse with his/her hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to J, I, H, and E;

1. A report on the occurrence of an indecent act;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Relevant Article 298 of the Criminal Act; Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 298 of the Criminal Act; and Article 298 of the Criminal Act; and the choice of imprisonment with labor for each type of crime;

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. 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 punishment, etc. of sexual assault crimes;

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