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(영문) 서울서부지방법원 2018.07.19 2017고합425

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

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A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 500,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around September 22, 2017, the Defendant committed an indecent act by compulsion against the victim, such as forcing the victim D (if he/she is aged 16, he/she) who was seated in the convenience store next to the convenience store located in Mapo-gu Seoul Metropolitan Government, by putting the victim’s humping his/her hys on his/her hand, and taking the victim’s arms back despite his/her refusal to do so.

2. On September 22, 2017, the Defendant, who damaged public goods, was arrested in flagrant offenders on the same facts as the preceding paragraph, and was transferred to the office of female juvenile investigation team at the Mapo Police Station in Seoul, Mapo-gu, Seoul, and damaged things used by public offices, such as that the market price of the main body remains far away by generating the main body of the vehicle’s body.

3. The Defendant violated the Punishment of Minor Offenses Act: (a) around 06:00 on September 22, 2017, was transferred to the office of a female juvenile investigation team at the Mapo Police Station in Seoul, Mapo-gu, Seoul, and (b) was under the influence of alcohol at the above office until 06:30 on the same day.

For about 30 minutes, such as taking a bath at a large interest rate, “Fresh ......................., the government offices had the high character for about 30 minutes, and frecing eggs, so that they could be avoided.

Summary of Evidence

1. Legal statement of witness E;

1. Statement of examination of the witness to the F;

1. Stenographic records and video CDs;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs related to damage to a suspect's public property), investigation reports (for the purpose of cancellation of the owner of a suspect's government office), investigation reports (on-site ctv video attachment, etc.);

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act (the point of forced indecent act, the choice of imprisonment), Article 141(1) of the Criminal Act (the point of damage to public goods, the choice of imprisonment), Article 3(3)1 of the Punishment of Minor Offenses Act (the point of disturbance for revocation in official document, and the choice of fines) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(1)3, and 50 of the same Act (the crime of forced indecent act and damage to public goods) provide for the punishment for concurrent crimes resulting from an aggravated aggravation of punishment for the crime of indecent act with heavier punishment and the crime of violation of the Punishment of Minor Offenses Act.