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(영문) 서울북부지방법원 2017.12.15 2017고합323
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 20, 2016, around 06:28, the Defendant committed an indecent act against a child or juvenile by taking advantage of the victim’s resistance impossible condition, which was placed on the side of the victim F (n, 14 years old) who was divingd, and then was placed in the victim’s clothes.

2. On January 14, 2017, at around 06:09 around 06:09, the Defendant is expected to have a pole, etc. in the victim G (V, 14 years old) immediately adjacent to the victim G (V, 14 years old), he/she was diving, and the Defendant’s sexual organ is taken out.

At the same time, knee had knee on the head of the victimized person, and the victim's face was taken by hand, and the victim's face was able to resist by taking advantage of the victim's resistanceable condition.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Legal statement of witness F;

1. Each police statement made with respect to G and H;

1. Investigation report (the CCTV analysis case, CCTV analysis related to a suspect's separate indecent act, face-to-face facing the victim), each internal investigation report (the statement of a shot person, CCTV analysis);

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 7 (4) and (3) of the Act on the Protection of Juveniles against Sexual Abuse, and Articles 299 and 298 of the Criminal Act, which provide for the relevant legal provisions and the choice of punishment for each of the crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 main sentence of Article 21 (2) of the Act on the Protection of Children and 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 disclosure and notification order of registered information) 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 prudentness is required.

The defendant has no criminal history of the same kind of crime and the defendant.

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