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(영문) 서울남부지방법원 2017.05.25 2017고합30
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
Text

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

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

Reasons

Punishment of the crime

The Defendant is the manager of “C” restaurant, and the victim D (n, 18 years old) is the part-time student of the above restaurant.

From December 1, 2016 to 02:00 to 04:00, the Defendant drinks alcohol with the victim, E, and other part-time G, the house of the above restaurant E, E, the E, the E, at around 03 of the same day, with the victim, at around 04:00 on the same day, and 04:00, the victim was under the influence of alcohol, and was placed on the part of the victim, she was placed on the bend, and she was under the influence of alcohol so that the victim was under the influence of alcohol, and she was under the influence of alcohol so that she was under the second floor, and she was under the influence of alcohol, and she was under the influence of alcohol, and she was under the influence of alcohol by her clothes of the victim, while she was under the influence of alcohol to get out of the house to get out of the house, and she was under the influence of his/her chest and her chest, but she went away to the left part of the victim.

Accordingly, the Defendant committed an indecent act on the part of the victim by taking advantage of the victim's resistance impossible condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement in relation to E, D, and G;

1. Application of Acts and subordinate statutes to the written request for appraisal;

1. Article 7 (4) and (3) of the Act on the Protection of Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning criminal facts;

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 observation of protection and the community service order under Article 62-2 (1) of the Criminal Act;

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

1. The exemption of disclosure order and notification order from disclosure order and the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse [the disclosure and notification order of registered information may have a significant impact on the defendant, so prudent should be taken.

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