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(영문) 서울북부지방법원 2016.01.15 2015고합302
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around September 18, 2015, the Defendant: (a) committed an indecent act against the Act on the Protection of Children and Juveniles against Sexual Abuse; (b) committed an indecent act against the victim C (hereinafter “victim”) who passed at the crosswalk prior to “cultural distance” of set-2, Nowon-gu, Seoul Special Metropolitan City, by reporting the victim C (hereinafter “the 17-year-old age-) at the crosswalk; and (c) committed an indecent act by forcing the victim to commit an indecent act by taking the victim’s her son’s son’s son with his her son

2. Around May 2015, the Defendant, in possession, found strings that the victim D lost on the street in Jongno-gu Seoul Metropolitan Government Changdong, Jongno-gu, Seoul, e.g., e., e., e., e., e., e., e., e., e., c

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

3. From August 29, 2015 to September 14, 2015, at around 01:37, the Defendant cut down KRW 2,540,00,00 in total by the same method from one day to 32 times, from the day in Seoul Metropolitan City, to September 14, 2015 as indicated in the list of crimes in the separate sheet.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. A protocol of seizure and a list of seizure;

1. Investigation reports and investigation reports (to hear statements from victims by telephone);

1. Application of Acts and subordinate statutes to photographs of damaged articles, records of damaged articles, copies of victim (D) copies, inquiries about payment of a common network account, and copies of the statement of deposit transactions;

1. Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (Compulsory Indecent Conduct, Selection of Imprisonment), Article 360(1) of the Criminal Act (the embezzlement of deserted articles in possession, the choice of imprisonment), and Article 329 of the Criminal Act (the intention of Section 329 of the Criminal Act), respectively.

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