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(영문) 서울서부지방법원 2018.09.06 2018고합29
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 160 hours.

Reasons

Punishment of the crime

On November 29, 2017, the Defendant 2018 Gohap 29, on the 16:30 on November 29, 2017, up to the airside of Mapo-gu Seoul, Mapo-gu, the Defendant served as the chest of the victim C (V, 18 years old) who was a juvenile of the Defendant in the subway 2 line, and became a juvenile of the Defendant, on his own hand.

As a result, the defendant committed an indecent act against the victim who is a juvenile.

On November 1, 2017, the Defendant indicated “2018 High 136” by modifying it to D with a view to preventing confusion with the victim of the case D 2018 High 29 Gohap 29, a victim who was diving at the front seat of the Defendant, in a high-speed bus moving from the window around 03:40 on November 1, 2017 to the terminal of the Seoul High Speed Bus.

(the age of 24) The chest was delivered several times.

Accordingly, the defendant committed an indecent act by force against a victim who was in a mental or physical loss or in an impossible state of resistance.

around 21:32 on January 13, 2018, the Defendant, “2018 High 137,” was running from the backside of the subway No. 2, the subway No. 44-ro, Jung-gu, Seoul, Seoul, to the backside of the Defendant E (n.e., 33 years old) who was seated on the backside of the Defendant.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

" 2018 Gohap 29"

1. The legal statement of the witness C;

1. Protocol of the police statement to C 2018 Gohap 136;

1. The defendant's legal statement (as at the fourth public trial date);

1. Statement made by the police against D;

1. Photographs of crime scene 2018, 137;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant legal provisions concerning criminal facts, Article 7(3) of the Act on the Protection of Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Articles 299 and 298 of the Criminal Act, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of Imprisonment, respectively;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (the most severe punishment) of the Criminal Code for the aggravation of concurrent crimes.

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