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(영문) 서울북부지방법원 2018.04.13 2017고합501
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

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

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Criminal facts

On September 14, 2017, the Defendant discovered the victim C (n, 16 years of age) who had come home while under the influence of alcohol on September 14, 2017, and followed about 500 meters in mind to commit an indecent act against the victim. In India, Nowon-gu, Seoul Special Metropolitan City, 1009 Dong apartment 1009, the Defendant saw the victim as the victim, and then saw the victim by putting the part of the victim over the floor with his hand, and let the victim go beyond the floor, and then rupe the victim's side and the part of the victim's side.

Ultimately, the Defendant committed an indecent act against a child or juvenile victim.

around 02:00 on July 8, 2017, the Defendant, “2018 Gohap 15,” was at the F identification point in Seoul, Nowon-gu E and the second underground floor, and at the top of the victim G (the name, the leisure, the age of 21) at the stage, while having dancing in front of the victim G (the age of 21) at the stage, the Defendant was on the left chest of the victim.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement made to C, G, and H;

1. Investigation report (to hear statements from a victim by telephone);

1. Application of the Acts and subordinate statutes to photographic data by capturing CCTV image data;

1. Relevant provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 298 of the Criminal Act on the crime (the fact that a indecent act against a victim C is committed, the choice of imprisonment), and Article 298 of the Criminal Act on the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment is added up to the sum of concurrent crimes with the punishment prescribed for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the punishment, and the long-term punishment for the two crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. One to twenty years from the imprisonment with prison labor within the applicable range;

2. One year and eight months to three years (in the basic area of the juvenile compulsory indecent act, it shall be limited to the basic area of the juvenile indecent act.

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