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(영문) 서울서부지방법원 2012.09.19 2012고합100
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant is a person who operates the Yongsan-gu Seoul Metropolitan Government “Granogate.”

1. On September 8, 201, the Defendant, at around 19:00, committed an indecent act by force against a juvenile, by causing a sudden desire for the victim H (the victim’s age of 14) and talking in one room.

2. At around 18:00 on September 10, 201, the Defendant: (a) sent the victim I (the age of 14) to one room; and (b) committed an indecent act by force against a juvenile by forcing the victim, by having talked about the issue that H does not leave the part-time, while having talked about the problem that H does not leave the part-time, “....”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. Each police statement of H, I, and D;

1. Application of the Act on Report of Arrest of Suspect;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act that stipulate the relevant Articles of the Act and the choice of punishment for the crimes;

1. Of concurrent crimes, an aggravated punishment for concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with regard to I heavier punishment as provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse);

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which shall be ordered to disclose;

1. Where a conviction of a defendant who has registered personal information of this case under Article 38-2(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, a person subject to registration of personal information pursuant to Article 33(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is a person subject to registration of personal information pursuant to Article 33(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

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