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(영문) 서울서부지방법원 2013.11.19 2013고합195
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 100 hours.

Reasons

Punishment of the crime

1. On June 11, 2013, the Defendant found the victim E (the age of 15) standing in front of the D restaurant located in Yongsan-gu Seoul Metropolitan Government around 07:15, and committed an indecent act by force on the part of the victim, following the victim himself/herself, by making only one time his/her left tamp, in his/her hand.

2. On September 15, 2013, the Defendant discovered the victim G (or 25 years of age) who intends to enter the said convenience store in front of the F convenience store in Yongsan-gu Seoul, Yongsan-gu, Seoul. On September 15, 2013, the Defendant committed an indecent act by force by force against the victim by making the victim’s her ambl with his ambl at his/her hand after the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of victim E and G in the police preparation;

1. Application of the respective Acts and subordinate statutes in H and I;

1. Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); Article 298 of the Criminal Act; Article 298 of the Criminal Act; Article 298 of the Criminal Act (amended by Act No. 11572, Dec. 18, 201);

2. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment of each of the crimes above to the punishment determined for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, whichever is heavier);

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

4. Order to complete a program, Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse / Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

5. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

6. Grounds for sentencing under Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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