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(영문) 대전지방법원 2018.03.30 2017고합453

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 11, 2017, the Defendant: (a) around 16:15 on the 16:15th day of the large-time large-scale area C; (b) at the arms located in D Park, the shape of dialogue between the victim E (the 17-year age), and the victim, and the victim, and (c) the victim, by standing up in the vicinity of the victim; and (d) the victim, where the victim’s head, which had been able to be able to be able to be able to be able to be able to run, and (e) the victim’s head having been able to be able to be able to be able to run

With respect to the phrase “”, the victim is “Ne and mar.”

“In the case of the victim’s victim’s side gate and buckbucks, and the victim’s side bucks to move the play area, whether “I are male who is also a man, and the bridge is attached;

The victim's left side buckbucks were sent as 2-3 bucks.

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. A report on internal investigation:

1. Video-recording CDs (victim’s statement);

1. A criminal investigation report (Cropic photographs ofCCTV image);

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

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 Juveniles against Sexual Abuse against Children and Orders to attend lectures and Orders to provide community service;

1. The exemption of disclosure order and notification order from the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (only in registering new information and attending lectures to treat sexual assault) appears to have the effect of preventing recidivism to a certain extent, and the Defendant’s age, family environment, social ties, criminal records, and the expected benefits and the effect of preventing such infringement.