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(영문) 서울서부지방법원 2013.10.31 2013고합252
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

On June 28, 2013, around 14:05, the Defendant boarded the E Village bus in the vicinity of the D Station located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government, and sited into the side seat of the victim F (the age of 17). On the other hand, the Defendant walked the horses to the victim, putting the victim into the road, and gets off the victim’s left chest by extending the cross-standing hand, and breaking the victim’s debts.

As the victim moves to the back seat of the defendant in order to recover his/her debt, he/she became a bridge for the victim by extending back his/her own hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written statement of the F investigation report (the CCTV investigation of buses and hearing statements from victims);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, the choice of applicable laws and punishment for the crimes;

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

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

4. The main sentence of Article 62-2 (1) and (2) of the Criminal Act for probation;

5. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

6. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be deemed to have committed the crime of this case in a contingent manner, when a person was on board a village bus, and the defendant shall not be deemed to have committed the crime of this case. In addition, it is difficult to readily conclude that there is no record of punishment for the same sexual crime except for the crime of this case, and there is a habit and danger of sexual assault. Thus, it is unnecessary to impose a security measure called an disclosure and notification order. Meanwhile, the defendant has lived with his/her parent for a considerable period after having divorced from his/her spouse, and he/she has maintained weak impulse assessment that is caused by stimulative disorder.

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