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(영문) 서울북부지방법원 2018.04.27 2018고합38
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 25, 2017, around 17:50 on August 25, 2017, the Defendant, around 17:50, was a victim E (a name, leisure, 18 years old) who was waiting for a bus at the bus stop located in the Dong-dong bus stop located in Dobong-gu Seoul Metropolitan Government, leading to the victim’s right-hand am.

The defendant forcedly committed an indecent act against a child or juvenile victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E (tentative name), F and G;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 21 (2) and (4) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles Ordering to attend a lecture or providing 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] [No evidence exists to prove that a prosecutor sought confiscation for one copy (No. 1) of a seized smart card, but there is no other evidence to prove that he/she provided or attempted to provide it for a crime, and thus, it does not constitute the requirement of confiscation.]

Reasons for sentencing

1. The scope of applicable sentences: Imprisonment for one year to 15 years;

2. The second type of the crime of indecent act by force (subject to at least 13 years of age) shall be the scope of the recommended punishment according to the sentencing guidelines [the types of decisions].

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