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(영문) 광주지방법원 순천지원 2019.09.19 2019고합79

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the president of the CResearch Institute, and the victim D (one-six years of age) is the student of the said Institute.

On April 13, 2019, the Defendant: (a) around 19:20 on April 13, 2019, at the president of C&A room, the Defendant: (b) intended the victim to knee the knee so that the knee of the knee of the knee of the knee of the knee of the knee of the knee of the knee of the kne; (c) continued to have the knee of the knee of the kne of the knee of the kne of the

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to D;

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 relevant criminal facts;

1. Article 62 (1) 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 and Juveniles against Sexual Abuse;

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

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., the possibility of recidivism by the accused, the degree and expected side effects of the disadvantage the accused has entered due to the accused's order of disclosure or notification, the prevention effect of sexual crimes subject to registration which may be achieved therefrom, and the effect of protecting the victims of sexual crimes subject to registration, it is deemed that there are special circumstances in which the accused may not disclose or notify personal information on the accused);

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Disabled Persons

1. Legal provisions;