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(영문) 서울동부지방법원 2014.04.10 2013고합399
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. 피고인은 2013. 10. 22. 19:30경 서울 송파구 C에 있는 피고인이 운영하는 'D당구장'에서 아르바이트를 하고 있던 피해자 E(여, 16세)에게 “너는 아직 성장이 덜 되어서 힙업이 안 되어 있다”는 취지로 이야기하면서 피해자의 엉덩이를 갑자기 손으로 툭툭 치는 등 청소년인 피해자를 강제추행하였다.

2. On November 1, 2013, at around 19:00, the Defendant: (a) committed indecent act by force against the juvenile, such as the victim’s 6th floor of “D party room” in Songpa-gu Seoul, Songpa-gu; (b) the victim’s knife with the victim’s e (in women, 16 years of age); (c) the victim’s knife with the victim’s son; and (d) the victim’s knife with knife with her son

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Statement to E by the police;

1. Application of statutes on site photographs;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes (aggravating concurrent crimes with punishment determined for crimes on November 1, 2013), among concurrent crimes;

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

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

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of the fact that the Defendant had no record of being punished for a sexual crime before the instant crime was committed, as well as the type, motive, process, result, etc. of the instant crime, the Defendant would incur a loss, rather than the benefits and preventive effect expected by the disclosure order or notification order.

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