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(영문) 서울동부지방법원 2018.10.18 2018고합110
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The facts charged in the instant case include “indecent act by force” as the same factual basis. Considering that the statutory penalty provided for in Articles 7(3) and 7(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse is identical, the conviction of indecent act by force does not pose a substantial disadvantage to the defendant’s exercise of his/her right of defense even if it is found guilty of indecent act by force, thereby recognizing indecent act by force without following the amendment of indictment procedures (see, e.g., Supreme Court Decision 2013Do12803, Dec. 12, 2013). The Defendant is a person who served as C elementary school security guards in Songpa-gu Seoul Metropolitan Government.

around December 17:30, 2017, the Defendant: (a) took patrol at the above C elementary school on December 8, 2017, and (b) taken the franchis to the victim D (at the age of 15) who is going to go to school with the above elementary school graduates; and (c) franchiscis the ma of coffee to the victim.

하며 피해자를 경비실로 데리고 간 후 피해자와 대화를 하며 손으로 피해자의 머리를 쓰다듬고 피해자를 끌어안아 피해자의 귀를 핥고, 혀를 피해 자의 입 안으로 집어넣었다.

Accordingly, the Defendant committed an indecent act against a child or youth by force.

Summary of Evidence

1. Partial statement of the defendant;

1. D Legal statements;

1. Application of video recorded CDs and stenographic records statutes to D;

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles from Sexual Abuse, which are applicable to the crime and Article 7 of the Act on the Protection of Children and Juveniles from Sexual Abuse;

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

1. Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant, while serving as an elementary school security guard, commits an indecent act against juveniles visiting the same place, and the offender is specially brease.

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