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(영문) 서울남부지방법원 2016.05.26 2015고합560

아동ㆍ청소년의성보호에관한법률위반(준강제추행)

Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On August 12, 2015, at around 07:00, the Defendant found that the victim D (n, 16 years of age) was locked with the Defendant’s children in the dwelling space located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, 108 Dong 908, and 908, and committed an indecent act by force against the victim on several occasions by forcing the victim to be exposed to the victim’s negative part of the half-to-face where the victim suffered.

2. On August 25, 2015, around 06:20 on August 25, 2015, the Defendant discovered that the victimized person was locked with the Defendant’s children at the small location of the Defendant’s residence, and visited the victim’s sound by walking the lower part of panty and the panty of the victim, and committed an indecent act by force on the victim’s sound and spode.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of the statutes of the response request for appraisal;

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act, and the choice of imprisonment with prison labor for each of the following:

1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse due to forced indecent conduct on or around August 25, 2015 with heavy penalty];

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

1. Reasons for sentencing under Articles 49 (1) 1 and 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, who are ordered to disclose or notify;

1. Scope of punishment by law: Imprisonment with prison labor for not less than two years but not more than 45 years;

2. Application of the sentencing criteria;

A. Crimes Nos. 1 and 2: The basic field [decisions in the sphere of recommendation] of Type 2 (In the sphere of compulsory indecent act by juveniles] of the Act on the Protection of Children and Juveniles against Sexual Abuse [decisions], the basic field of the crime of compulsory indecent act (not less than 13 years of age) shall be one year and 8 months.