beta
(영문) 서울동부지방법원 2017.08.25 2017고합136

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

1. On May 2, 2017, the Defendant: (a) around 21:50 on May 2, 2017, the Nonparty: (b) laid the stairs from the Songpa-gu Seoul Do Borrowing; (c) opened the two floors; and (d) opened the stairs depending on the victim E (the 49-year age), and then sealed the part of the part of the victim’s knife to close the door due to the gap between the knife and the knife of the knife of the victim’s knife and the knife; (b) opened the door to the knife; and (c) intruded the victim’s residence; and (d) opened the door to the knife the victim’s left part of the kn

2. Around May 22, 2017, the Defendant: (a) committed an indecent act against the victim’s victim H (a) who is a child or juvenile by making him/her / her her her hand her at the victim’s right side her at his/her seat on the front of the G station No. 1 in Songpa-gu Seoul, Songpa-gu, Seoul around May 22:13, 2017; and (b) by forcing him/her to commit an indecent act against the victim, who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to E;

1. Statement made to the police with H;

1. Descriptions and images of a police investigation report (Attachment of a victim E body photograph);

1. Application of CCTV-cape photograph Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 257(1) and 319(1) of the Criminal Act (the point of intrusion upon residence), Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment, respectively, with labor for the crime;

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 (to the extent that the punishment is aggregated with the long-term punishment of each of the above crimes) of the same Act;

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. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Children and juveniles exempted from the disclosure order and notification order;