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(영문) 서울서부지방법원 2015.09.11 2014고합139
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
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

1. On March 28, 2014, the Defendant committed an indecent act by compulsion of the victim’s right interest by finding out the victim C (the age of 15) who is a juvenile who was in front of the Defendant on the bus No. 571, the following: (a) around 16:15, the Defendant discovered the victim C (the age of 15) with a joint signature of Eunpyeong-gu Seoul Metropolitan Government; and (b) causing the Defendant’s desire to commit an indecent act on his/her hand.

2. Indecent acts by compulsion;

A. On March 28, 2014, around 18:30 on March 28, 2014, the Defendant committed an indecent act against the victim by discovering the victim D (n, 21 years of age) who was walking at the 45 mar-dong, Eunpyeong-gu, Seoul, Seoul, and by causing the victim D (n, e.g., 21 years of age) who was walking at the mar, and by causing the de facto desire.

B. On March 29, 2014, around 15:30 on March 29, 2014, the Defendant found the victim E (n, 48 years of age) who was gleeped in the so-called Eunpyeong-gu Seoul Station 5-46 street, and committed an indecent act against the victim by rhymbbbing the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each written statement of E and D;

1. Application of the Acts and subordinate statutes to photograph the suspect taken at the scene of the victim (C);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 298 of the Criminal Act, and Article 298 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the punishment);

1. Articles 53 and 55 (1) 3 of the Discretionary Mitigation Criminal Act ( Taking into account factors favorable to the accused among the reasons for sentencing following the sentencing):

1. Article 62 (1) of the Criminal Act (the following factors for sentencing have been repeatedly considered for sentencing favorable to the defendant);

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

1. Exemption from disclosure orders and notification orders, Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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