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(영문) 서울중앙지방법원 2016.03.11 2015고합751
아동ㆍ청소년의성보호에관한법률위반(준강제추행)등
Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On July 2, 2015, the Defendant: (a) committed a violation of the Act on the Protection of Children and Juveniles from Sexual Abuse against the Victim D on July 18, 2015; (b) committed a forced indecent act by reporting the victim D (the age of 17) (hereinafter “victim”); and (c) committed a indecent act by taking advantage of the victim’s condition, with the victim’s bucks, mucks, am, and bucks; (d) the victim was sucked by taking advantage of the victim’s condition.

Accordingly, the defendant committed an indecent act against a child or juvenile by taking advantage of an impossible state of resistance.

2. On July 25, 2015, around 14:00 on July 25, 2015, the Defendant committed a violation of the Act on the Protection of Children and Juveniles against the Victims G against Sexual Abuse (a compulsory indecent act by compulsion) with a view to having a victim G (the 16-year age), who was divingd with the 4th floor reading room in Gangnam-gu Seoul Metropolitan Government H, by reporting the victim G (the 16-year age), and had a victim’s chest by using the state.

Accordingly, the defendant committed an indecent act against a child or juvenile by taking advantage of an impossible state of resistance.

Summary of Evidence

[Judgment No. 1]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The photograph of a suspect taken in the reading room of the reading room of the book room (the facts listed in the judgment No. 2);

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of each Act and subordinate statutes to I Library CCTV CDs;

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Aggravation of concurrent crimes with punishment prescribed in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with punishment prescribed in a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, which has a heavier holding of the circumstances);

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

1. Matters concerning the protection of children and juveniles against sexual traffic who are ordered to disclose and notify;

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