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(영문) 서울서부지방법원 2018.08.14 2017고합419

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 19, 2017, the Defendant discovered the victim E (n, 16 years of age) who had conversations with male-child-child households in front of the "D Kafin in Eunpyeong-gu Seoul, Seoul, around 21:35 on October 19, 2017, and committed an indecent act by force against the victim, since the victim's her her her her her her her her her her her her her her her her her her her her her her her

around 18:05 on March 12, 2018, the Defendant temporarily stops 10 people, including 21.5cm in length and 6cm in the open bus stops of Eunpyeong-gu, Seoul, No. 855-8 (6.5cm in diameter, 6.5cm in diameter) with ten people, including victim F (n, 32 years of age).

G was operated by the victim H of the I Village bus's upper right side glass of the back wheels of the I Village bus, and the market price was 110,000 won, and the strike was protruding to the right side of the victim F.

Accordingly, the defendant, carrying dangerous things, destroyed goods, and assaulted the Victim F.

Summary of Evidence

"2017 Gohap 419"

1. Statement of the defendant in the first trial record;

1. Statement made by the police for E;

1. "Written Statement 2018 Gohap 112;

1. Statement by the defendant in court;

1. Photographss of the damaged field, black stuffs images, CDs, and photographs to take a course;

1. Application of Acts and subordinate statutes to a report on investigation (to hear statements in the victim F) and a report on investigation (to confirm repair costs of a damaged bus);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 369 (1), Article 366 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment against a crime of destroying a special property, between the crimes of destroying a special property, or between the crimes of violence, or between the crimes of causing a special violence which are more severe);

1. Selection of a sentence for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, or a special assault;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.