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(영문) 서울서부지방법원 2019.01.31 2018고합288
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. Pursuant to the public performance and obscenity around April 16, 2018, the Defendant: (a) 07:02, around the street of Eunpyeong-gu Seoul Metropolitan Government building B; (b) laid down a bomer and brued his sexual organ in front of the building B; and (c) laid down his sexual organ in a b

Accordingly, the Defendant publicly committed an obscene act.

2. On April 16, 2018, the Defendant committed an indecent act in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) committed an indecent act by finding out and committing an indecent act against the victim D (or age 17) who was upright to leave a school while taking the sexual organ, such as the statement in paragraph (1), in front of the Eunpyeong-gu Seoul House C’s house at around 07:04.

After the Defendant got off the sexual organ, the Defendant saw the victim’s breath with the spath’s spath, and flabed the victim’s breath’s breath, and led the victim to a nearby alleyway.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the CCTV video CD-related Acts and subordinate statutes to crimes;

1. Article 245 of the Criminal Act applicable to the relevant criminal facts, the choice of punishment, Article 245 of the Criminal Act, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the two long-term punishments prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse with heavy punishment)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. The accused of the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, before committing the instant crime;

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