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(영문) 서울북부지방법원 2015.06.12 2015고합36

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

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

At around 17:00 on November 25, 2014, the Defendant: (a) at the border point of “E” operated by the Defendant, which is located under 103, the Defendant: (b) moved to the victim F (the age 16), who is a high school student seeking sirens; (c) moved to the buckbucks by hand, cleaning the floor; and (d) moved to the bucks by hand, etc.

As above, the Defendant committed an indecent act against the victim, who was a child or juvenile, by making three bucks by the victim himself/herself.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. A protocol of partial police interrogation of the accused;

1. Investigation reports (a summary of video recording: Defendant) and the application of Acts and subordinate statutes;

1. Relevant provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse and Articles 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act (generally, several acts of infringement of the same legal interest by accessing time and at a place based on a single criminal intent constitutes a single crime and constitutes an inclusive crime. The defendant is judged to have committed an indecent act by force against the victim F under a single criminal intent in close circumstances with time and location. In a case where the defendant does not suffer any disadvantage to the defendant's substantial defense, the court may recognize the number of crimes different from the written indictment without changing the indictment (see, e.g., Supreme Court Decision 96Do755, May 10, 1996). Thus, the above crime is deemed a single crime combining the above criminal facts. The choice of imprisonment is determined.

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

5. 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, who are exempted from disclosure orders or notification orders;