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(영문) 서울동부지방법원 2017.09.15 2017고합202

아동ㆍ청소년의성보호에관한법률위반(준강제추행)등

Text

A defendant shall be punished by imprisonment for two years.

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. Around December 26, 2016, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (a quasi-decent act committed by force) committed an indecent act against the victim’s chest by taking advantage of the fact that the victim D (W, 17 years old), who had a usual sense of care within the trade name in Jung-gu Incheon Metropolitan City, was in an unclaimed state where he/she became locked, committed an indecent act against the victim by taking advantage of the fact that the victim D (W, 17 years old), who was in an unclaimed state.

2. The Defendant taken photographs, such as a camera, using the victim’s chest function at the time and at the same place as paragraph 1, and using the victim’s chest function at the smartphone, which was in possession of the victim, and the Defendant taken a screen image of the victim’s chest and the Defendant’s chest.

Accordingly, the defendant taken the body parts of the victim who could cause a sense of sexual shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Evidence photographs;

1. Application of Acts and subordinate statutes to report on investigation (victim D and submission of damaged photographs);

1. Relevant legal provisions concerning criminal facts, Articles 7(4) and (3) of the Act on the Protection of Juveniles against Sexual Abuse, Articles 299 and 298 of the Criminal Act, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, respectively;

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [to the extent that the punishment is added up to the sum of concurrent crimes with the punishment prescribed for a crime of violating the Act on the Protection of Juveniles from Sexual Abuse, of which punishment is heavier, and the punishment for a long term of two crimes];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the age of the accused;