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(영문) 서울북부지방법원 2016.06.24 2015고합352
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

On March 21, 2015, from around 17:00 to 18:20 the same day, the Defendant: (a) out of the D basin 1: (b) in front of the air route in Jung-gu Seoul Metropolitan Government, the Defendant: (c) out of the victim E (V, 15 years of age) and the victim F (V, 15 years of age); (d) confirmed that the Defendant was a female by cutting off the body of the victim E (V, 15 years of age); (e) took away from the victim’s personal clothes; (e) took the part of the victim E, bucks, spucks, sprinks, and sprinks; and (e) took part of the victim F’s knb, knick, knick, knick, and spherbing the victim F’s hand, and committed indecent acts.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A written statement prepared by E;

1. CCTV photographs and photographs;

1. Each investigation report (the analysis ofCCTV screen and the application of statutes to victim E and F telephone conversations);

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

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes with punishment prescribed for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims E with heavier penalty];

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the disclosure and notification order of the registered information may have a significant impact on the defendant, so prudentness is required to do so;

The crime of this case is not a sexual crime against many unspecified persons, and the defendant does not have any criminal record of the same sex crime, and in this case, it has the effect to prevent the defendant from repeating the crime to some extent through the registration of personal information of the defendant and the completion of the sexual assault treatment program.

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