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(영문) 서울북부지방법원 2017.08.16 2017고합144

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for six months.

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

On December 15, 2016, around 16:18, the Defendant committed an indecent act by force against a juvenile on the part of the victim C (the string, the 15 years old) who was in the vicinity of the entrance in the subway that passed the river basin in Seoul Special Metropolitan City, Nowon-gu, and 1196. On the left side of the victim C (the string, the 15 years old).

Summary of Evidence

1. The legal statement of the witness C;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Application of Acts and subordinate statutes to a report on investigation (specific suspect and CCTV investigation);

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Article 10(2), Article 10(1), and Article 55(1)3 of the Criminal Act to mitigate mental and physical weakness;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Juveniles from Sexual Abuse, the observation of protection, community service order, and order to attend lectures;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal records (no record of any sexual crime) and the risk of repeating a crime, the profit and preventive effect expected from an order to disclose or notify information, and disadvantage and side effects resulting therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

[Judgment as to the defendant and defense counsel's assertion

1. The defendant had no intention to commit an indecent act by force against the victim.

2. In full view of the witness C’s legal statement and the prosecutor’s protocol of interrogation of the defendant against the defendant, it is sufficiently recognized that the defendant committed an indecent act by force against the victim with intent to conjecte as stated in this part of the facts charged.

In contravention of this, the defendant-appellant.