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(영문) 서울중앙지방법원 2017.12.22 2017고합1069

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal records] On September 21, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for special larceny, etc. at the Jeju District Court on March 19, 2017, and the execution of the sentence was terminated on March 19, 2017. On September 7, 2017, the Seoul Central District Court sentenced three years of imprisonment with prison labor for special robbery, etc. and the judgment became final and conclusive on October 12, 2017.

[ 범죄사실] 피고인은 2017. 3. 24. 00:00 경 제주시 C에 있는 D 식당 옆 지하 주차장에서 피해자 E( 가명, 여, 16세) 가 술에 취해 구토를 하는 것을 보고 피해자에게 “ 술이 깰 동안 여기서 자자. ”라고 말하면서 피해자와 함께 그 곳 바닥에 누워 있던 중 갑자기 피해 자의 상의 안으로 피고인의 손을 넣어 피해자의 가슴을 움켜잡고 피해자의 바지 안으로 피고인의 손을 집어넣고 피해자에게 입을 맞추어 아동 청소년인 피해자를 강제로 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A copy of a statement of 112 reported case processing;

1. Requests for inquiry of the details of the investigation report, investigation report (the grounds, etc. for change of the name of the criminal suspect, the confirmation of the circumstances in which the person under investigation reported to 112), and the details of the case reported to 112

1. Previous convictions in the judgment: The results of the confinement of prisoners, the investigation report (a copy of the forwarding report by suspect, the confirmation of the confinement of a detention house of a suspect, the indictment of a case in the judgment, etc. of a suspect, the confirmation of the case in the judgment), the copy of the forwarding report, the copy of the indictment, the personal confinement status, personal inquiry, criminal history, and the application of Acts and subordinate statutes reporting on

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Exemption from an order of disclosure and notification;