beta
(영문) 서울중앙지방법원 2016.07.01 2016고합476

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. On April 8, 2016, at around 07:37, the Defendant, along with the victim D (F, 16 years of age, 16) E (n, f, f, f, and f, with the victim’s shouldered in front of Gwanak-gu, Seoul Special Metropolitan City, and f, fing the victim’s shoulder by approaching the victim’s back, then fing the victim’s shoulder into his arms as the victim’s shouldered. On the same day, at around 07:42 on the same day as the Defendant was damaged, the Defendant fing away from G high school located in the same Gu F to the front of the main stairs of the said victim’s f, thereby putting the f, which the f, carried the f, with the Defendant’s shoulder f, and f, became the chest of the said victim.

B. On April 8, 2016, around 07:57, the Defendant: (a) sent the victim I (at the time, 17 years of age, 17 years of age) to school uniforms in front of the Gwanak-gu Seoul Special Metropolitan City H; and (b) placed the victim’s chest into the school uniforms of the said victim in the adjacent part of the said victim; and (c) laid the victim’s chest into the school uniforms of the said victim; and (d) laid down the said victim’s chest under the below.

(c)

On April 8, 2016, around 08:03, the Defendant: (a) sent the Victim K (F, 14 years of age, 14 years of age, her name) to the front door of the J building in Seoul Special Metropolitan City; and (b) even though she was next to the said victim, the Defendant met twice as if the Defendant she flicked the chest left side of the said victim due to the sudden her own fault.

Accordingly, the defendant committed an indecent act against the victims of juveniles on three occasions.

2. On April 8, 2016, at around 08:04, the Defendant forced indecent act: (a) reported the victim M (the 24 years of age) on the street in front of Gwanak-gu Seoul Special Metropolitan City L; and (b) accessed the victim’s back, thereby saving the said victim’s shoulder with his arms, and putting the above victim’s right chest into his arms, and 3:4 times the above victim’s right chest turn into 3:4 times; and (c) committed an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, I, E, or K;

1. Written statements;

1. The application of Acts and subordinate statutes to photographic data extracted from each recording book (the No. 29, 32, 35 of the evidence list), CCTV-caping, and visual recording data around the site;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;