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(영문) 창원지방법원 통영지원 2014.11.20 2013고합70

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 30, 2013, the Defendant entered the “D” convenience store located in Hasung-gun, Gosungnam-gun, in order to calculate the goods at the cost of calculation, on March 15, 2013, the Defendant walked to the victim E (the 14 years of age) who is an employee of the convenience store, “I do not have any other student who will end at the time when I n n n n n n n n n n n n n n n n n n n n n n n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n., n. n. n. n. n. n. n. n. n. n. n. n. n. n. n.

Accordingly, the defendant committed indecent acts by force against the juvenile victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Recording records;

1. An investigation report (absing that the injured party knows the identity of the perpetrator is accompanied by the picture);

1. A report on internal investigation (attaching CCTV images of convenience points);

1. Application of the statutes governing the certified copy of resident registration record cards;

1. Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11574, Dec. 18, 2012; hereinafter “former Act on the Protection of Children and Juveniles against Sexual Abuse”); Article 298 of the Criminal Act concerning criminal facts

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. The defendant has no record of committing any sexual crime against the defendant under the proviso to Article 38 (1) or the proviso to Article 38-2 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, and the defendant has committed the sexual crime in this case by contingency;