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(영문) 서울북부지방법원 2019.11.29 2019고합303
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The defendant shall be punished by imprisonment with prison labor for two years, and a fine of KRW 300,00,000,000,000.

Reasons

Punishment of the crime

On November 1, 2017, the Defendant was sentenced to four months of imprisonment with prison labor for special assault at Seoul Northern District Court and one year of suspended execution, and the above judgment became final and conclusive on November 9, 2017.

1. On May 21, 2019, the Defendant, around 20:30 on May 21, 2019, on the front side of Dobong-gu Seoul Metropolitan Government (hereinafter “2019Gohap303”), committed an indecent act by making the victim D (Gain, Gain, 15 years old), who was the front of the victim C, knife with her knife with her hand, and sexual part of the victim D (Gain, Gain, 16 years old) who was inside the said victim.

Accordingly, the defendant forced victims who are children and juveniles to commit indecent acts.

2. On October 20, 2014, the Defendant sought to request the victim F's house located in Dobong-gu Seoul, Dobong-gu, Seoul to rework at around 20:30 on October 2, 2014, the Defendant destroyed the front door part of the victim's door glass due to the failure to open the door in the house, and thereby destroyed the front door part of the victim's gate in the market value.

Summary of Evidence

"2019, 303"

1. Defendant's legal statement;

1. A written statement of C and D (alias of each person);

1. 2019, 309 "Fashion:

1. Defendant's legal statement;

1. A written statement;

1. A report on the occurrence of loss, photographs, and "before the market";

1. Application of Acts and subordinate statutes, such as criminal records referred to in 2019Gohap303, criminal investigation reports referred to in 2019Gohap309 (Attachment to attached documents, etc. of the same kind of power), judgment, etc.;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and Article 366 of the Criminal Act concerning criminal facts;

1. Selection of a fine for the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, in relation to each option of punishment, of imprisonment or damage to property;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act (the crimes of subparagraph 2 at the time of the sale and the special assault committed in a judgment which became final and conclusive);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;

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