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(영문) 서울서부지방법원 2014.01.16 2013고합375
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

At around 20:00 on July 10, 2013, the Defendant: (a) placed his drumson room located in the first floor of Mapo-gu Seoul Mapo-gu Seoul, Seoul underground 1, and (b) rejected the victim D (n, 16 years of age). The Defendant: (c) placed the victim at the seat of the victim, who was seated, in the back of the victim, kid the face and the shock; (d) cut the victim’s face by cutting up two bucks; (c) laid down the victim’s buck, kids into the part of the victim’s school uniforms; and (d) laid down the humbbbuck with the pan; and (e) laid down the victim’s hump with pan; and (e) brought the victim’s hump with the victim’s hump “h” while making the buck by making the buck and refusing the victim’s “hump”.

Accordingly, the Defendant committed an indecent act against the juvenile victim by taking advantage of his position.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E prepared by the police;

1. Application of Acts and subordinate statutes on recording records;

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act, the relevant Article of the Act on the Protection of Children and Juveniles against Sexual Abuse and the choice of punishment;

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

3. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

4. It is true that the nature of the crime is inferior, such as engaging in indecent conduct, etc. against the victims under his/her direction and supervision, as stated in its holding, by failing to issue an order of disclosure and notification.

However, at the time, the defendant was found to have been engaged in the crime of this case in a dynamic manner while she was engaged in cutting down the guns of the victim among rason, and there was no record of punishment for the same sexual crime except for the crime of this case.

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