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(영문) 전주지방법원 군산지원 2016.04.07 2015고합20
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
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

On January 17, 2015, around 11:30, the Defendant stated in the written indictment of the fifth male body of “D Sarina” on the fifth floor of “D Sarina,” but according to the result of the examination of evidence, the place of the instant crime can be recognized as the body of the water, so there is a concern that the Defendant may have a substantial disadvantage in exercising the Defendant’s right of defense.

As such, it cannot be seen as above without any changes in indictment procedure.

An indecent act was committed on the part of the victim E (15) who was divingd with her clothes in his/her hands, using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. CCTV images (F apartment units, suspect-unclaimed vehicle escape pages, suspect D private letter or visit pages);

1. Application of Acts and subordinate statutes on internal investigation reports (D Gaba's statement by workers G of the five-story Round, specific vehicle for the suspect, H vehicles owned by the suspect, and the comparison of rocketing vehicles with CCTV images);

1. Relevant legal provisions and Articles 7 (4) and (3) of the Act on the Protection of Juveniles against Sexual Abuse, and Articles 299 and 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

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. Where a conviction becomes final and conclusive on the facts constituting a crime of sexual assault crime subject to the registration of personal information under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43

There is no record of a sexual crime against a defendant exempted from an order to disclose personal information and an order to notify such information, and the accused has a habit of a sexual crime or a sexual crime again due to the circumstance or the record of the crime in this case.

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