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(영문) 서울서부지방법원 2013.07.18 2013고합136

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 7, 2013, the Defendant: (a) around 21:45, at the subway line 6 subway lines, located in Yongsan-gu Seoul Metropolitan Government Yongsan-gu, the Defendant, following the Defendant: (b) caused the Defendant’s desire to see the appearance that the Victim C (V, 15 years of age) gets a stairs, and then her knife his knife with the victim’s knife, thereby holding his knife his knife one time.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police preparation C;

1. Application of CCTV Acts and subordinate statutes;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012); Article 298 of the Criminal Act;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

4. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

5. The Defendant committed the instant crime on a contingent basis by reporting the victim who was prior to the flight of subway stations under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. It is difficult to regard the form of force exercised at the time and the degree of indecent act as serious level. It is difficult to conclude that the Defendant has no record of punishment except the instant crime, and thus, there is no need to impose security measures such as disclosure and notification order. On the other hand, considering the fact that the Defendant lives faithfully in good faith, such as providing school expenses with the Defendant living together with his wife and providing convenience points, it is difficult to consider that there is no need to impose security measures such as disclosure and notification order. In addition, when issuing disclosure and notification order to the Defendant, the Defendants and their families compared to the public interest such as sexual crime prevention, etc. to be obtained therefrom.