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(영문) 서울서부지방법원 2016.04.14 2015고합256
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around August 4, 2015, the Defendant violated the Act on the Protection of Children against Sexual Abuse (voluntary indecent act) stated that “I will see the victim E (16 years old only if I want to see it), I would like to see the victim’s free will,” and committed an indecent act by force against the victim, who is a child or juvenile, by putting the victim’s free will and putting the victim’s arms up.” The Defendant, who is the victim’s escape, committed an indecent act by force.

2. On August 19, 2015, the Defendant was forced to commit an indecent act: (a) to the Victim F (23) who is an auxiliary police officer under traffic control, etc. in front of the exit exit No. D No. 8 in the front of the exit exit of August 19, 2015; (b) whether he or she would be the police officer before the movement;

Some Doz.

“A victim who seeks to see his/her horse to another place, such as asking for, and committing an indecent act by force against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement protocol with respect to E and F prepared by the police;

1. Application of the Acts and subordinate statutes of G and H

1. Relevant provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 298 of the Criminal Act concerning criminal facts;

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes committed against a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, heavier punishment, shall be aggravated);

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant’s age, motive of the crime, seriousness of the crime, etc. shall be considered.

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