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(영문) 서울중앙지방법원 2017.04.28 2017고합85
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates D Mart in Jung-gu Seoul Metropolitan Government C.

1. On July 28, 2016, at around 16:20, the Defendant: (a) obtained the value of an article after taking over a pet dog from the victim E (the 16-year old-old-age-old-age-old-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

2. On August 7, 2016, at around 19:36, the Defendant: (a) obtained the value of the goods from the above damaged party who loaded a garment into the left shoulder and loaded the goods; (b) carried the garment to the victim’s left hand; and (c) carried the garment to the left hand over two occasions; and (d) carried the garment to the left hand over two occasions, and met the chest of the victim.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with respect to E;

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

1. Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act (the point of forced indecent conduct by juveniles and the choice of imprisonment with prison labor), each of the following:

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes concerning a violation of the Act on the Protection of Children or Juveniles against Sexual Abuse as stated in paragraph (2) of the same Article with heavy circumstances) of the said Act;

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, and children and juveniles.

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