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(영문) 서울남부지방법원 2020.01.17 2019고합329

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

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

1. On April 17, 2019, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) committed an indecent act by force against the victim by committing an indecent act on the part of the victim, by discovering the victim Y (age 13) in the singing practice room in the name of “X-king practice room” located in Geumcheon-gu Seoul Metropolitan Government, and by discovering the victim Y (age 13) on the victim’s own hand floor.

2. At around 11:30 on April 21, 2019, the Defendant discovered the victim AB (the age of 19) waiting for the bus in front of the end point of AA located in Geumcheon-gu Seoul Metropolitan Government, and committed an indecent act by force by force against the victim’s left turb with the victim’s own hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to Y and AB;

1. Written statements;

1. To notify the 112-reported report processing list, the 112-reported report processing list that the victim reported on the date of damage, the CCTV images attached to the crime, and the department related to the 112-reported report;

1. Application of Acts and subordinate statutes to report on investigation (verification of installation of a site and its neighboring CCTV, etc.);

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

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment of two crimes prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the punishment), among concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 62-2 of the Criminal Act, the main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Two times the same criminal records of the accused who is exempted from disclosure orders and notification orders under 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;