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(영문) 서울서부지방법원 2012.08.22 2012고합139

아동ㆍ청소년의성보호에관한법률위반(위계등추행)

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

The defendant is a person who operates a house in Yongsan-gu Seoul Metropolitan Government, and the victim D (V, 17 years old) was a person who was a baby in the above house.

At around 15:30 on February 16, 2012, the Defendant: (a) concealed the graduation of a high school from the victim; (b) stated that “Is abund, dolus, once Is abund,” the Defendant saw the victim as “Is abund, Is abund, Is abund, Is abund, Is the victim’s chest, her hand, and her son was in charge of the victim’s breast while Is the victim, and her her son was her kick.”

Accordingly, the defendant committed an indecent act by force against the juvenile victim.

Summary of Evidence

1. Legal statement of witness D;

1. Statement made to D by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (reports on video recording summary), investigation reports (reports on hearing opinions by police officers as counter to the investigation and police officers);

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Article 62-2 (1) of the Criminal Act regarding community service order;

1. The main sentence of Article 13 (1) and Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which shall be ordered to disclose;

1. Where a conviction becomes final and conclusive on the facts constituting a crime against a defendant who has registered personal information pursuant to Article 38-2(1)1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is a person subject to registration of personal information pursuant to Article 33(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the defendant is obligated to submit personal information to a competent agency pursuant to Article 34

Defendant

Judgment on the Defense Counsel's argument

1. The summary of the assertion is that the Defendant merely spawned the victim on the day of the instant case, and spawnd with the chest or her butt on the day of the instant case.

2. The charged facts of this case are determined.