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(영문) 서울서부지방법원 2017.11.30 2017고합310
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On 19:30 on 23, 2017, the Defendant: (a) committed an indecent act by force against the victim, such as: (b) having a view to committing an indecent act against the victim E (at 17 years of age) seated in D film theaters located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (c) having a hand on the victim’s left arms; (d) having a hand on the victim’s buckbucks and bucks on the victim’s hacks; and (e) having a hand on the victim’s hacks.

Summary of Evidence

1. Partial statement of the defendant;

1. Video-recording CDs;

1. Voluntary accompanying reports and the application of statutes governing video data for crimes;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Protection and Observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

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 notify the personal information of the accused, 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 order to register and observe the personal information of the accused and to take lectures of sexual assault treatment is deemed to have the effect of preventing recidivism even if the order is issued, and there are other special circumstances that need not disclose or notify the accused’s personal information, in full view of the profits and preventive effects expected by the order to disclose or notify the information, and the disadvantages and side effects resulting therefrom, etc.

Reasons for conviction and the part not guilty

1. The summary of the facts charged and the gist of the initial facts charged by the defendant and his defense counsel are that the defendant committed an indecent act by force as stated in the facts charged.

In this regard, although the defendant committed an act such as deceiving the victim, he did so, he did not consent or agreed to do so.

It was believed that the victim was not aware of the fact that he was a juvenile.

The argument is asserted.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the victim shall be the victim.

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