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(영문) 서울동부지방법원 2018.12.13 2018고합284
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

1. 2016. 6. 3. 범행 피고인은 2016. 6. 3. 22:10 경 서울 강동구 C 앞길에서 마주 걸어오는 피해자 D( 여, 25세) 을 발견하자 체조하는 것처럼 주먹을 쥔 팔을 흔들며 걷다가 피해 자가 피고인의 옆을 지나가는 순간 한 손을 뻗어 손바닥으로 피해자의 가슴을 세게 쳤다.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. Crimes on May 18, 2018;

A. On May 18, 2018, the Defendant: (a) discovered the victim F (a) coming from maju, while getting a bicycle on the front side of Gangdong-gu Seoul Metropolitan Government E-ro from around 22:40 on May 18, 2018; (b) discovered the victim F (a) who walked on the rear side of Gangdong-gu Seoul Metropolitan Government E-ro; (c) was passing by 13 years on the right side of the victim; and (d) became the victim’s right chest by extending out his/her own hand.

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

B. Around May 18, 2018, the Defendant found the victim H (the age 21) coming from the maju while getting on a bicycle in front of the GG building in Gangdong-gu Seoul Special Metropolitan City, following the finding of the victim H (the age 21). Around May 22:53, 2018, the Defendant got out of the victim’s right hand, and came up with the victim’s right chest by extending back his/her hand.

2) On May 18, 2018, around 23:15, the Defendant discovered the victim J (W, 18 years of age) coming from the mast while getting a bicycle riding along the Songpa-gu Seoul Special Metropolitan City I ahead of the bicycle, and the Defendant turns out to the right side of the female, and became only the victim’s right chest by extending out his/her cross-ray to the right side.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to H, J and D;

1. Written statements prepared by the F and D;

1. The application of the Act and subordinate statutes on June 3, 2016 to the investigation report (related to the violence).

1. Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse, Article 298 of the Criminal Act (the fact that a indecent act by force is committed by a juvenile, the choice of imprisonment), Article 298 of the Criminal Act concerning the crime, and Article 298 of the Criminal Act (the fact that a indecent act by force is committed, the choice of imprisonment with prison labor

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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