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(영문) 서울남부지방법원 2014.05.02 2013고합450
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2012, the Defendant: (a) had the Victim C (L, 17 years of age) waiting to enter the vehicle for his own use, sent the victim to the vehicle for his own use; (b) had the victim attend the vehicle for his own use; and (c) had the victim attend the vehicle for his own use; and (d) had the victim attend the vehicle for his own use of the vehicle for use of the vehicle for indecent act by force.

1. On October 2012, the Defendant left the victim at around 14:00 to 15:00 on the middle of October 2012, and parked on his knife vehicle, stopped at the nearest area of the Geumsan Elementary School located in Geumcheon-gu Seoul Metropolitan Government, and made indecent act by force, such as using the victim’s back seat her own knife, and facing him.

2. Around 17:00 on May 2, 2013, the Defendant: (a) parked a victim who was under guard on the back seat of the vehicle running in the front seat of the vehicle running in Geumcheon-gu, Geumcheon-gu, Seoul; and (b) parked on the road near the direction of the vehicle running in Geumcheon-gu, Geumcheon-gu, Seoul; and (c) made indecent act by force against the victim, such as “the victim who was on board the back seat of the victim only once he was under bad condition,” and “the victim was under guard only once he was under guard.”

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Act on the Legal Statement of Witness C

1. Article 7 (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act, Article 298 of the Criminal Act, applicable to the crime;

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

3. Article 62 (1) of the Criminal Act;

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

5. The phrase “where it is deemed that any special circumstance exists that may not disclose or notify personal information” as one of the grounds for exception to disclosure or notification order under the proviso to Article 38(1) and the proviso to Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from disclosure or notification order, is the characteristic of the offender, such as the Defendant’s age, occupation, risk of recidivism

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