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(영문) 서울북부지방법원 2018.10.05 2017고합494

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

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A defendant shall be punished by imprisonment for two years.

Defendant shall complete a program for the treatment of sexual assault for 40 hours and have children's juveniles.

Reasons

Criminal facts

1. On May 27, 2014, the Defendant violated the Act on the Protection of Children’s Juveniles from Sexual Abuse (voluntary indecent act) reported on May 27, 2014, the victim C and the victim F (the victim F) at E elementary schools located in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, about May 28, 2014, the victim C and the victim F (the age of 17) at around 23:30 at around 15, 2014, the victim C were the victim C and the victim F (the age of 17).

The Defendant, while carrying victims into G vehicles, moved to a restaurant of “I” in Seoul Special Metropolitan City, Nowon-gu, for the same day, and 01:40 on the same day as the victims drinks with the victims, while the victims are smoking tobacco. The Defendant stated in the indictment that “the Defendant was smoking with the victims,” but according to the records, it appears that the Defendant was unable to smoke only by the victims who were not the Defendant at the time when the Defendant asserted, and even if so, it did not affect the guarantee of the Defendant’s right to defense, it is corrected ex officio.

In the aftermath of the victim C, the victim C was spared, and the chest of the victim C was taken.

The defendant continued to return the victim C who intends to go to the back seat of the above vehicle to himself/herself, and brought the victim F in the steering room of the above vehicle, brought the victim F into the back seat, moved the victim C to the back seat, made the victim F's chest and knife the victim F's chest and knife the victim C's knife, met the victim C's buckbucks, and made an indecent act by force on the victim who is a juvenile.

2. At around 01:50 on May 28, 2014, the detained Defendant resisted the Defendant who forced indecent act before the J apartment in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, and C/F as above; C/F set up a vehicle number plate from the vehicle to be taken by C/C; and C did not comply with it even if the victim F did so several times, but was driven at the front of the Seoul Special Metropolitan City, Nowon-gu, and detained the victim.

3. The Defendant of the assault is Seoul around 01:50 on May 28, 2014.