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(영문) 서울중앙지방법원 2018.02.14 2018고합4
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

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 September 29, 2017, around 15:57, the Defendant 15:57, at the subway No. 1 line D, located in Jung-gu Seoul, Jung-gu, Seoul, changed the victim F (n, 14 years old) who walked, such as male-gu, and changed the victim's her hand, and changed the victim's her son's son's son's son's son's son's son's son's son's son's son's son's son.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Records of statements made by victims;

1. Determination as to the defendant's defense counsel's assertion in the G Document

1. The summary of the assertion was that the victim was a minor because the victim was satisfying and satisfying his hair and satisfying his hair.

2. In light of the fact that the Defendant stated in the prosecution that he was a middle or high school student’s chest, which appears to be a minor, the Defendant was aware of the fact that the victim was a senior or high school student’s age at the time of committing the crime (Evidence Record 68 pages), and was aware of the fact that the victim was a senior or high school student’s age at the time of committing the crime. Even if based on the key of the victim’s photograph which was confirmed by the victim’s photograph bound at the end of the protocol, the Defendant was aware that he knew

Since it appears, the criminal intent of the defendant's forced indecent act against the juvenile can be sufficiently recognized.

Therefore, the defendant's defense counsel's assertion is rejected.

Application of Statutes

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. 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. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. An order of disclosure and notification;

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