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(영문) 서울북부지방법원 2017.07.21 2017고합165

아동ㆍ청소년의성보호에관한법률위반(유사성행위)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

On March 4, 2017, at around 16:00, the Defendant: (a) boarded the victim C (the 17-year age) who became aware of through the Internet “Nber Carbook” (hereinafter “NVP bulletin board”) in the Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, around 69-1; and (b) went back to the near route of the learning vehicle owned by the Defendant; (c) around 22:00 of the same day, the Defendant stopped the said vehicle on the 4-line side of the Southern-gu, Incheon; (d) stopped the said vehicle to the south-gu, Incheon; and (e) stopped the victim’s body to her own under the influence of alcohol, and (e) her chest and buckbuckbucks.

In addition, the defendant, after her panty, demanded the victim to prompt her sexual organ, but the victim refused to take the head of the victim by hand and her spores, followed up about 10 minutes, and caused the victim to enter the victim as soon as possible the defendant's sexual organ.

As a result, the defendant assaulted the victim who is a child or juvenile, and put the victim's sexual organ into the victim's mouth.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes on the details of cell phone calls of victims and the details of telephone calls with victims;

1. Article 7 (2) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom a crime is committed;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Juveniles from Sexual Abuse, the observation of protection, community service order, and order to attend lectures;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children exempted from an order to disclose or notify, to the public (no history of a sexual crime exists against a defendant, and the circumstances or records of the instant crime are sufficient enough to prevent the defendant from committing a sexual crime or from recommitting a sexual crime;

It is difficult to conclude.