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(영문) 서울북부지방법원 2017.09.22 2016고합582

아동ㆍ청소년의성보호에관한법률위반(강제추행)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

[2016 Gohap 582] On November 13, 2016, around 16:20, the Defendant discovered the victim E, who is a child or juvenile, (13) who is engaged in guidance service at the waiting room for the line 1 located in Dongdaemun-gu Seoul Metropolitan Government, and committed an indecent act by force against the victim by making the victim’s sexual organ only once with the Defendant’s left hand without any reason.

[2017 Gohap 298] From around 10:00 on May 28, 2017 to 16:20 on the same day, the Defendant interfered with the victim’s mother’s business activities by force by avoiding disturbance for about six hours, such as “The victim G in Seoul Jung-gu” operated by the victim G in Seoul Jung-gu with the large sound called “the victim h.,” and “the victim h., h.,” and the victim’s chests several times.

Summary of Evidence

[2016 Gohap 582]

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. CCTV images of the waiting room, CCTV image CDs, and CCTV images caps (2017 Gohap 298);

1. Statement by the defendant in court;

1. G statements;

1. Details of the processing of reported cases; and

1. Application of Acts and subordinate statutes to a report on investigation (Investigation into Bags I Telephones);

1. Relevant Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (the forced indecent act by youth, the choice of imprisonment), and Article 314(1) of the Criminal Act (the point of interference with business and the choice of imprisonment) of the same Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act [to the extent that the punishment for a long term of two crimes is aggregated] of the said Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. The community service order under Article 62-2 of the Criminal Act;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The defendant's person who is exempted from the disclosure order and notification order 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 (in light of the fact that the defendant has no record of any sexual crime, the defendant's age, social relationship, etc., the registration of personal information against the defendant and taking lectures in treating sexual assault shall also be applied.