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(영문) 서울남부지방법원 2018.05.04 2018고합119

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 12, 2017, the Defendant, at around 08:35 to 09:00, operated in the vicinity of D in the light name C, committed an indecent act against the victim F (the victim F (the victim 16 years of age), who was a juvenile, by her hand. He she was not able to w off the victim’s buck and shoulder with her hand several times, and she continued to her hand by her hand, by referring to the victim’s buckbucks inside the victim’s sexual flag place, as at the time of “the night of the breabbbbbbing”.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F, G, and H;

1. 112 Report processing table, CCTV image photograph (the defendant and his defense counsel stated that the defendant's physical contact, such as the statement of facts constituting a crime, was true, but the defendant's intent to commit an indecent act is not to indicate friendship, and it was not an intentional act.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, i.e., the victim caused fear and sexual humiliation at the investigative agency due to the Defendant’s act, and the victim again expressed an ambiguous impression, such as making the Defendant feel sexual humiliation and sexual humiliation.

In light of the fact that the Defendant and the victim stated (see, e.g., 32, 33, 35 of the investigation record), the Defendant and the victim were first met on the day of the instant case, and the Defendant were on board the bus unilaterally followed the victim, and the body part of the Defendant contacted by the Defendant, the place of the crime, and the age of the victim, the Defendant’s act may be deemed as an indecent act that infringes on the victim’s sexual freedom by exercising force against the victim’s will, and there was a criminal intent to compel

[Recognition of Laws] Application

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the relevant criminal facts;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Attraction of a workhouse;