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(영문) 의정부지방법원 2016.08.18 2016고합238
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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 February 23, 2016, the Defendant: (a) was passing in front of the E gas station located in Do Government City E, from February 23, 2016, when he was boarding a bus around 09:22, the Defendant discovered the Victim F (V) boarding the bus; (b) discovered the Victim F (V) who was on board the bus; and (c) found the Victim, “A student was bad for a female student.”

“In doing so, the part of the victim’s shoulders from the shoulder to the part of the elbelbel with his/her hand, and was rhyd and used on five occasions, and committed an indecent act by force against the victim who is a child or juvenile.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Each report on investigation;

1. CCTV image data, etc.;

1. Bus CCTV CDs (which is alleged to the effect that the Defendant had committed the same act as the facts charged, but did not intend to commit an indecent act or sexual satisfaction. However, the evidence duly adopted and examined by this court may be comprehensively taken into account the following circumstances, namely, (i) the conduct in question objectively leads to sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringing on the victim’s sexual freedom; and (ii) whether the conduct constitutes such an act should be determined carefully by comprehensively taking into account the victim’s intent, gender, age, the relationship before the offender and the victim; (iii) the background leading up to the act; (iv) the background leading up to the act; (v) the manner leading up to the act; and (v) the surrounding objective situation; and (v) the sexual morality concept of the time (see, e.g., Supreme Court Decision 2013Do7838, Sept. 25, 2014).

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