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(영문) 서울서부지방법원 2017.02.09 2016고합342
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 15, 2016, around 09:05, the Defendant discovered the victim D (in this case, 18 years of age) seated at the event at the bus stops in front of Mapo-gu Seoul Metropolitan City, and committed an indecent act by compulsion against the victim, by forcing the victim, by stating that “the victim is informed of the Handphone number”, “the inside of the inside of the inside of the inside of the inside of the inside of the inside of the victim so that there is no female-friendly Gu,” “the victim’s bucks by hand, by putting the victim’s hand kbbbbs, by putting the victim’s hand kbbs, and then w off the victim’s shoulder again by hand, and then w off the victim’s shoulder by hand,” and “a 100,000 won or less”.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the statutes governing video recording CDs in the victim’s statement;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the selection of the relevant criminal facts;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

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

1. The effect of preventing recidivism by simply registering the personal information of the accused and ordering him/her to take lectures in treating sexual assault, considering the age, motive, seriousness of the crime, etc. of the accused, etc., of Article 49 (1) (proviso) and Article 50 (1) (proviso) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from an order for disclosure and notification;

Since the defendant's personal information should not be disclosed or notified, there is a special reason to not disclose or notify the defendant's personal information.

2) Grounds for sentencing

1. One year to fifteen years from the imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Type 2 descriptive criteria for the application of the sentencing criteria [types] general standards for indecent conduct (subject to at least 13 years of age): Where the degree of the type of indecent conduct committed by juveniles (person subject to special mitigation) is significantly weak, the degree of the conduct is weak.

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