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(영문) 서울북부지방법원 2014.08.01 2014고합230
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On April 2, 2014, around 22:30 on April 2, 2014, the Defendant discovered the victim D (at the age of 16) who walked on the road in front of Gangnam-gu Seoul Metropolitan Government, and attempted to commit an indecent act against the victim, followed the victim by following the victim. The victim’s chest behind him/herself and she saw the victim as his/her son and her son, and committed an indecent act by force against the juvenile by inserting his/her hand into another hand.

2. On May 28, 2014, around 22:20 on May 28, 2014, the Defendant discovered the victim F (here, 14 years of age) who walked in the way of being mixed, and attempted to commit an indecent act. The Defendant followed the victim, following the victim, committed several indecent acts against the victim, who is a juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statute to police statements made to D and F;

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 as provided for in the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act among concurrent crimes (an aggravated punishment for concurrent crimes by force as provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse against which the criminal situation is heavier);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 21 (4) of the said Act;

1. The Defendant, who is exempted from disclosure order and notification order, pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, led to the confession of and in depth to commit the instant crime, and it is difficult to readily conclude that there is no criminal force, thereby recommitting a sexual crime. The Defendant may expect the effect of preventing recidivism through probation and attending a sexual assault treatment program.

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