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(영문) 서울서부지방법원 2013.06.03 2012고합560
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 October 23:25, 2012, the Defendant discovered the victim E (the age of 18) boarding the elevator at the 102-dong, Mapo-gu Seoul Metropolitan Government D Building 102, discovered the victim E (the age of 18) boarding the elevator, followed by the sudden desire to take care of the elevator, and prevented the victim from resisting by using his own sparly, and caused the victim's chest and surbling by his hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report and photographs of evidence by indecent act;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

2. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

4. In light of the proviso to Article 37 (1) and the proviso to Article 41 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [the defendant has committed the crime of this case by reporting a victim who has been under the influence of drinking at the time, and has no record of the same or similar sexual crime, etc. so it is difficult to readily conclude that the defendant has a risk of sexual assault and recidivism, and thus there is no need to impose security measures such as disclosure and notification order. Meanwhile, it is relatively clear that the defendant has a social relation with the defendant continuously living in a workplace and is living together with his/her parents, and is maintaining exchanges with his/her parents until now, considering the fact that the defendant continues to live in a workplace, and is maintaining exchanges with his/her parents, if disclosure and notification order is issued, it is considerably larger than the public interest such as the prevention of sexual crimes to be gained thereby, and thus, there is no special reason to disclose the defendant's personal information]

1. The sentencing criteria shall be based on;

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