아동ㆍ청소년의성보호에관한법률위반(강제추행)
Defendant shall be punished by imprisonment for a term of one year and eight months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On January 2018, the Defendant found the victim E (hereinafter “victim”) who was a middle student visited to play a game at “DPC room” operated by the Defendant in Gangseo-gu Seoul, Gangseo-gu, Seoul, and committed an indecent act by force against the victim by using the victim’s dancing in line with the victim’s breath without the consent of the victim.
2. Around 17:00 on February 14, 2018, the Defendant discovered a victim who visited the game, and found him/her from his/her own arms without the wintering of the victim. Around February 14, 2018, the Defendant: (a) discovered the victim who visited the game; (b) avoided the Defendant from using his/her arms without the wintering of the victim; (c) avoided the victim; (d) avoided the victim from leaving the victim under the shoulder with the victim’s seat; (b) kid the victim by leaving the victim from leaving the seat; and (c) kid the victim’s sexual organ toward the part of the victim; and (d) even when the victim resisted his/her body, the Defendant put his/her hand into his/her her son; and (d) continuously, the Defendant committed an indecent act by committing the victim only once she was aware of the fact that the victim was unable to resist with another wall.
Accordingly, the defendant committed indecent acts against the victim who is a child or juvenile on two occasions.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against the victim;
1. A written statement of the victim;
1. Investigation reports (Attachment of CCTV data inside the PC), and application of CCTV photographs-related Acts and subordinate statutes;
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act (hereinafter referred to as "Juvenile Sex Protection Act"), which provides for the corresponding legal provisions and the choice of punishment for the crime;
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [aggravated Punishment for Concurrent Crimes committed on February 14, 2018, with the heavier punishment];
1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;