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(영문) 서울북부지방법원 2014.10.17 2014고합351

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Indecent acts by compulsion;

A. On August 21, 2014, around 23:30, the Defendant: (a) committed an indecent act by force against the victim E (V, 20 years of age) who had returned home; (b) while she kidds the victim E (V, 20 years of age); (c) by putting the victim’s shoulder on the victim’s shoulder; (d) kids the victim; and (e) kid the victim by force.

B. At around 23:50 on the same day, the Defendant committed an indecent act by force against the victim F (V, 35 years old), who was in order to board a taxi, at the front of the exit of 105 subway No. 4 of the subway line No. 6 in Seongbuk-gu Seoul, Seongbuk-gu, Seongbuk-gu, Seoul.

2. The Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) around 23:58 on the same day, committed an indecent act by force against the victim G (V, 17 years old) who was a juvenile walking on the way, by taking the walk against the victim G (V, female, 17 years old).

3. Public performance and obscenity;

A. At around 23:33 of the same day, the Defendant: (a) at the entrance of the Seongbuk-gu Seoul H building parking lot; (b) laid down the bar site and the inner clothes stored in the above E; and (c) laid out the sexual flag in his hand, and openly obscenityed and obscenity.

B. At around 23:50 of the same day, the Defendant: (a) 23:50 of the same day, on the front of the exit of the said subway No. 4 line 6, the said subway line 6; (b) left the brush and the inner clothes stored with the said F, and brushed with her sexual flag, and used her fingers and publicly obscene act.

C. At around 23:58 on the same day, the Defendant: (a) 23:58, on the front side of the exit of the said subway No. 4 line 6, in front of the said subway line 4; (b) laid down the brush and the inner clothes that had been suffering from the said G, and laid down the sexual flag with his hand, and committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Application of Acts and subordinate statutes to a investigative report (CCTV image data);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Criminal Act concerning the crime;