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(영문) 서울남부지방법원 2017.10.20 2017고합387
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On May 26, 2017, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) committed on May 22:20, 201, would like to find out the victims who walked and walked along the paths in front of the Eart located in Seoyang-gu, Youngyang-gu.

The body of the victim F (Woo, 16 years old) with a lock-out hand, she was forced to commit an indecent act against the will of the victims, who are children and juveniles, by using the victim H (Woo, 16 years old), “I would like to see, I would like to see, I would like to see, I would like to see, I would like to see, I would like to see, I would like to see, I would like to see, I would like to see, I would like to see, I would like to see, I would like to see, I will of the victims.

2. The Defendant assaulted the victim on one occasion at the time, place, the above F, G, and H victim I (son, 16 years old), who was urged by the victim I (son, 16 years old), to be aware of the indecent act, and on one occasion at the victim’s head.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each written statement prepared G, H and I;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 260(1) of the Criminal Act concerning the crime (the point of assault and the choice of fines) of the same Act;

1. Aggravation of concurrent crimes with punishment prescribed in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with punishment prescribed for a violation of the Act on the Protection of Children and Juveniles against Child and Juveniles against H who is the largest punishment or punishment);

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. As the sentencing sentencing of Article 21(2) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse was selected, the sentencing guidelines do not apply to orders to complete a program.

The crime of this case is an indecent act against children and juveniles who are vulnerable to the crime, and is not established properly, distorted the concept of sexuality of children and juveniles.

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