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(영문) 서울북부지방법원 2018.11.23 2017고합423
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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

Criminal facts

The Defendant, at around 17:00 on May 23, 2017, at the 4 line D station in Dobong-gu Seoul Metropolitan Government around 17:0, to the victim E (the age of 16 at the time, name, leisure, age of 16) who sits with school uniform, puts his body of the victim, and “a hamburst sa”

Maci, Maci, Maci, the body of the victim who expresses his intention of refusal, and the Maci Mack, “I do not want to drink. I do not want to do so.

In accordance with the victim who refuses and evades this, “Isle,” the victim does not go to the outside, as he or she has to go to the outside, so he or she does not go to the outside, so he or she does not go to the outside.

The term "the shoulder" and "the shoulder of the victim was rhyd with his/her hands."

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police prepared by E;

1. A written statement of damage, CCTV-cape photograph, a photograph, a scene photograph of crime, a CCTV image data-cape, a copy of a document confirming the generation of tidal value and one copy of a document confirming the generation of visual data, and one CD recording once a statement made by a victim E (a name);

1. Application of each investigation report (verification of CCTV at the scene of crime and CCTV, and attachment of CCTV storage data in D basin);

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment for the crime;

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Violence Crimes;

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment; social ties; (c) criminal record and recidivism risk; (d) profits and preventive effects expected from the disclosure order and notification order; and (e) disadvantages and side effects therefrom.

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