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(영문) 서울동부지방법원 2018.06.07 2018고합68
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On October 14, 2017, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) at around 00:35 around October 14, 2017, the victim C ( South, 17 years old), who is an employee, has a good face.

B. It is thought that there is a lot of money.

”라고 말하며, 오른손으로 피해자의 배를 쓰다듬고, 손가락으로 배를 콕콕 찌르고, 피해자의 오른팔 옷소매를 걷어 올린 후 피해자의 오른팔을 쓰다듬었다.

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

2. The Defendant’s forced indecent act is “ wherever he knows” to the victim D ( South, 28 years old) at the above date, time, place, and place;

In line with the victim's right view, the victim was forced to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim C telephone);

1. Relevant provisions of the Act on the Protection of 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 (the forced indecent act by youth, the choice of imprisonment), and Article 298 of the Criminal Act (the forced indecent act by youth, the choice of imprisonment, and the choice of imprisonment);

1. The aggravated punishment for concurrent crimes is aggravated in accordance with the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the punishment prescribed for a violation of the Act on the Protection of Juveniles from Sexual Abuse, the aggravated punishment for concurrent crimes, and the long-term punishment for the above two crimes) ;

1. Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances deemed to be the grounds for sentencing) of the mitigated amount;

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

1. Reasons for sentencing under Articles 49(1)1 and 2, and 50(1)1 and 20(1)2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, against children subject to an order of disclosure and notification;

1. The scope of applicable sentences by law: Imprisonment for one year to twenty years; and

2. The sentencing criteria shall be based on; and

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