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(영문) 서울북부지방법원 2017.10.20 2017고합314
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On February 15, 2017, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor in October for fraud, etc. at the Suwon method sources, and the above judgment became final and conclusive on February 23, 2017.

On February 2, 2015, the Defendant: (a) sent a victim B (name, fling, 17 years of age) who was aware of attending the same church at around 23:00 as of February 2, 2015; and (b) sent a singing by “D” singing in Jung-gu Seoul, Jung-gu C; and (c) the victim satis.

In the case of the defective victim's shouldering, the victim's chest was frightened in mind to commit an indecent act against the victim, and the one hand was frightened to the shoulder of the victim.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes on internal investigation reports (specific place of crime and photographs at the scene of crime), investigation reports (temporary revision of crime A)

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Juveniles from Sexual Abuse, Order to attend a lecture and Order to provide community service;

1. There are special circumstances in which disclosure or notification of the personal information of the defendant may not be made in full view of the circumstances, such as the background of the crime of this case, degree of conduct by which the defendant was committed, age, sexual conduct, social relationship, criminal record and criminal record, the risk of recidivism, profits and preventive effects expected from disclosure or notification order, disadvantage and side effect of the child exempted from disclosure or notification order, etc.

[Judgment] Grounds for sentencing

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

2. The scope of the recommended punishment constitutes a single concurrent crime after Article 37 of the Criminal Act.

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