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(영문) 서울북부지방법원 2017.07.07 2017고합169
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of three years in December 24, 2016 by the Seoul Northern District Court on December 16, 2016 due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as deceptive acts by persons with disabilities), and the said judgment became final and conclusive on December 24, 2016, and is currently subject to suspended sentence.

[Criminal facts] On May 13, 2017, around 20:09, the Defendant was seated after the victim E (the age of 16) who was seated in the subway 7 line D located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, due to the lower part below the victim's damage and the lower part below the victim's damage.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of E’s statement-related Acts and subordinate statutes recorded in video recording CDs;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

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

1. Reasons for sentencing in the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Juveniles from Sexual Abuse against Children subject to an order of disclosure or notification;

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than 15 years;

2. The application of the sentencing guidelines [types] The compulsory indecent act by blood relatives or by force (type 2) such as forced indecent act/special compulsory indecent act by force (type 2), but the maximum (three years) and minimum (one year and six months) shall be mitigated to 2/3.

[Special Sentencings] Mitigations: Where the degree of conduct is weak [the scope of recommendations] imprisonment with prison labor for not less than one year but not more than two years (the scope of mitigation)

3. Determination of sentence: The defendant, one year of imprisonment, commits the instant crime that commits an indecent act against a juvenile who is a juvenile during the period of suspension of execution of the same kind of crime, and is highly likely to be criticized;

The defendant.

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