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(영문) 서울동부지방법원 2018.08.09 2018고합128
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
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

The defendant is a person working in a restaurant, and the victim C (the 17-year old) is a staff member who works in the above restaurant.

Around 04:00 on February 12, 2018, the Defendant, at the Defendant’s house located in Songpa-gu Seoul building and the Defendant’s house located in 502, performed drinking with the victim and other employees, and was unable to return home with the victim under the influence of alcohol, and was locked at the Defendant’s bed, the Defendant forced the victim to commit an indecent act by force, such as taking the victim’s fingers inside the victim’s boomer, making the victim’s chest back, and drinking the victim’s chests.

As a result, the defendant, who is a juvenile, committed an indecent act on the part of the victim by taking advantage of the victim's potential to resist because he was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name);

1. Application of Acts and subordinate statutes to investigative reports (Submission of data by victims, telephone conversations by witnesses, and telephone conversations by witnesses);

1. Relevant legal provisions concerning criminal facts, Articles 7(4) and (3) of the Act on the Protection of Juveniles against Sexual Abuse, and Article 299 of the Criminal Act (the point of engaging in indecent conduct by force against juveniles, and the choice of imprisonment with labor);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. An order of disclosure, notification, and restriction on employment of a child exempted from such order, the proviso to Article 49 (1), the proviso to Article 50 (1), and the proviso to Article 56 (1) of the Act on the Protection of Juveniles against Sexual Abuse (the defendant has no record of criminal punishment, and thus, there is a risk of recidivism or recidivism of a sexual crime against the defendant;

It is difficult to see that the registration of personal information and taking lectures to treat sexual assault can have the effect of preventing recidivism by the defendant.

I seem to appear.

Accordingly, the defendant's person.

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