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(영문) 전주지방법원 2017.08.24 2017고합16
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
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A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On July 2016, the Defendant, in front of the Defendant’s operation of the Defendant, who was on the top of the steering line of the U.S. M. F-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Each legal statement of the witness H and E;

1. H’s statement recorded in video recording CDs;

1. Statement made by the prosecution with regard to H;

1. Each police statement made to H and E;

1. Complaint;

1. Application of Acts and subordinate statutes to a report on investigation (related to attaching data submitted to a victim);

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Imprisonment with prison labor for the crime;

1. Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances deemed to be the grounds for sentencing) of the mitigated amount;

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration and submission of personal information under Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, inasmuch as the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, he/she is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

Judgment on the Defendant and defense counsel's argument

1. The summary of the argument is that the defendant was satisfing the victim's chest, but it was frighten with the victim who was close to the victim, and there is no fact that the defendant committed an indecent act by force.

2. Determination

A. The term “power of force” in the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (e.g., deceptive scheme) means a sufficient force to suppress the victim’s free will.

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