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(영문) 서울남부지방법원 2019.09.06 2019고합185

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 22, 2019, the Defendant: (a) on February 23, 2019, 23:10, on the part of the Defendant: (b) boarded the victim C (hereinafter referred to as the “victim C”) who was in front of the corner of the door, leaving the victim’s face at the seat of the victim, leaving the victim’s seat at the seat; (c) leaving the victim’s seat on the shoulder, leaving the victim’s hand, leaving the victim’s seat; and (d) forced the victim to enter the victim’s seat on the part of the part; and (e) leaving the victim’s seat on the part of the part; and (e) leaving the victim’s seat on the part of the part of the part; and (e) leaving the victim’s kis; (e) leaving the victim’s finger with his finger in the part of the victim’s horse even if the victim resisted and resisted the victim’s seat; and (e) getting the victim’s body at the train platform, leaving the platform.

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

2. On February 22, 2019, at around 23:30, the Defendant: (a) observed the Defendant’s indecent act scene on the platform of the 1st, Eastern Doncheon-gun, Guro-gu, Seoul, and (b) obstructed the Defendant’s continued indecent act; (c) obstructed the Defendant’s continuous indecent act; (d) assaulted the Victim at one time, taking the victim’s left face at one time in drinking; and (e) assaulted the Defendant at one time, taking the victim’s left face to prevent the Defendant from escape.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of CCTV CD-related Acts and subordinate statutes;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 260 (1) of the Criminal Act (the occupation of assault and the choice of imprisonment) concerning criminal facts;

1. From among concurrent crimes, the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (a indecent act by compulsion) with heavy punishment within the scope of the sum of the long-term punishments under Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;