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(영문) 서울남부지방법원 2015.09.18 2015고합92

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 09:00 on January 8, 2015, the Defendant: (a) expressed that the victim C (here, 17 years of age) walked on the street near the New Yellow-distance Snuri Sea Spanri, Yangcheon-gu Seoul, Yangcheon-gu, 2015, and was willing to force the victim into force; and (b) asked the victim whether the victim is a university student or not; (c) followed the victim’s answer that the victim is a high school student, “I am at night or inside,” and put the victim on the shoulder of the victim, and added the part of the victim’s two-day auxiliary part to the left hand, and even though the victim expressed his intention of refusal, the Defendant committed indecent act by force against the victim, who is under 19 years of age, by inserting the shoulder of the victim, and exposing the two-day auxiliary part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of bus video works in Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) 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 age, occupation, family environment, social relative relationship, criminal record and the risk of recidivism of a child or juvenile exempted from disclosure and notification order under the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant does not have the same criminal record and is highly likely to recommit a crime;

In full view of various circumstances such as the benefits expected by an order of disclosure or notification, the effect of prevention, and disadvantages and side effects resulting therefrom, there is a special circumstance in which the personal information of the defendant should not be disclosed or notified. The reasons for sentencing are as follows.

1. One year to fifteen years from the imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. The range of recommendations according to the sentencing guidelines [the determination of a type] sex crimes, the crime of indecent act by compulsion (the person aged 13 or older) and the crime of indecent act by compulsion.