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(영문) 서울서부지방법원 2017.12.14 2017고합349
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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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 August 28, 2017, around 20:10, the Defendant found the victim D (V, 16 years old) within the bus in Seoul Special Metropolitan City and caused the victim to sit at an empty space, and continued to “IBBBB” to the victim even though the victim said “IBBB”, at around 20:10, the Defendant continued to do so;

1.0 Doz. 13

In order to avoid this, "the face of the victim" refers to "the victim" and "the victim who had been seated on the back-side of the victim who has observed the witness by pushing his face to "the victim" and moving to the back-side of the victim, while the victim again moves to "the left side of the victim", the victim gets her face and her face to the back-side.

In other words, a juvenile victim was forced to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of ctv or video images with the closure of a bus;

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 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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

1. The exemption from disclosure order and notification order under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the defendant has no record of criminal punishment for a sex offense, and the defendant's risk of recidivism is likely to be reduced by taking lectures to treat sexual assault and registering personal information alone.

Therefore, the defendant is against the defendant.

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