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(영문) 서울중앙지방법원 2018.05.17 2018고합330
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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

On March 20, 2018, at around 17:37, the Defendant discovered “D convenience points in Gwanak-gu, Seoul Special Metropolitan City, for the victim of returning home (at the frontway, 15 years of age)”, and moved around 300 following the victim’s back, with the intent to commit an indecent act against the victim. On the same day, at around 17:40 of the same day, the Defendant moved the victim’s arms at the entrance of the nearby parking lot in Gwanak-gu, Seoul Special Metropolitan City, to the above parking lot, towed the victim’s arms to the inside of the said parking lot, towed the victim’s chest to the direction of the victim. The Defendant committed an indecent act by forcing the juvenile under 19 years of age by putting the victim’s chest into the part of the victim’s clothes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on the police;

1. Application of the statutes governing the verification of CCTV photographs, CCTV of control centers, and escape;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse [the fact that there is no history that the defendant has been punished for a sexual crime, and in this case, the registration, protection and observation of personal information, which is a principal or incidental disposition, and an order to attend a lecture for treatment of sexual assault can have an effect to prevent recidivism of the defendant to a certain extent;

In addition, the defendant's age, family environment, social relation, occupation, details and result of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure notification order, and the prevention effect of sexual crimes that can be achieved therefrom.

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