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(영문) 청주지방법원 2020.08.28 2020고합123

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for two years.

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

At around 16:50 on April 14, 2020, the Defendant walked a road near the C Park in Jincheon-gun, Jincheon-gun, Jincheon-gun, and discovered the victim D (the 12 years old), laid out his sexual impulses, kid away from his sexual impulses, and tried to drive away his sexual impulses.

On the other hand, the defendant was on board the elevator of the above apartment, followed the victim, and followed the victim, and the elevator door was slickly damaged by the heater, and escaped after the victim's left am, as it was slick.

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

Summary of Evidence

1. Application of the statutes on the case processing of suspect photographs, CCTV images CD 112 reported by the defendant's legal statement D;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the choice of imprisonment with labor for the crime;

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 and Article 21 (4) of the said Act;

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 (the age, occupation, risk of repeating a crime, type, motive, process of the crime of this case, disclosure or notification order of the defendant's disadvantage and anticipated side effects of the defendant's entry, prevention of sex crimes subject to registration that may be achieved therefrom, and effects of protecting victims, etc., should be comprehensively taken into account;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 16622, Nov. 26, 2019), the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, and the grounds for sentencing.