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(영문) 서울북부지방법원 2018.09.21 2018고합233
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 had been a student abroad who taught the Victim C (L, 18 years old) from one month before the other.

From around 14:30 on May 13, 2018, the Defendant: (a) made the victim, who was in excess of 17:00, to sit in his/her side gate, Seongbuk-gu Seoul (4th floor), Seongbuk-gu Seoul Metropolitan Government D (4th floor); (b) took charge of the victim’s bucks; (c) made the victim take the victim’s her hand and hand over to the inside of the victim’s bridge; and (d) made the victim take his/her hand and hand over the victim’s hand; (c) took the victim’s hand on his/her own bridge; (d) took the victim’s hand and hand over the victim’s hand; (e) took the victim’s hand on his/her bridge; (e) took the victim’s hand; (e) took the victim’s hand; and (e) took the victim’s hand; and (e) forced the victim’s hand by force.

As a result, the defendant committed an indecent act against the victim who is a juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement prepared by C;

1. Application of Acts and subordinate statutes to report internal investigation (investigation of CCTV at scene of occurrence);

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

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) Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; (b) Article 49(1) proviso of the Act on the Protection of Juveniles from Sexual Abuse; and (c) Article 50 proviso of the Act on the Protection of Children and Juveniles from Sexual Abuse (the Defendant’s age, occupation, family environment; social ties; 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, the Defendant’s personal information may not be disclosed or notified.

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