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(영문) 전주지방법원 2019.05.15 2019고합29

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant, as a private taxi driver B, operated a student-school taxi such as a victim (n, 17 years of age).

On March 2, 2018, the Defendant: (a) around 07:40 on March 2, 2018, operated as a high school located in the same Gun in the Jindo-gun C of the former North Korea; (b) was knee knebbbbbbbs of the victim with a doping to induce the dialogue with the victim while getting the victim on board the knife.

In addition, from the above date to September 20:45, 2018, the Defendant: (a) 39 times, such as the list of crimes in the same manner in the above taxi, knee knebbbbbbs, knee knee knebbbbbs, or knickbbbs.

Accordingly, the defendant committed indecent acts by force against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the victim, D, and E;

1. Application of each investigation report (in relation to the attachment of internal photographs of a taxi operated by a suspect, the search of victims-friendly F students, the search of victims' human rights teachers, attachment of a bachelor's schedule to G High School, records of operation by suspect, period of commuting taxi, and detailed related Acts and subordinate statutes to the victim's list of crimes);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the fact that there is no record of punishment for a sex offense against the defendant, the risk assessment degree of a sex offender against the defendant (as a result of the KSOAS assessment, the risk of a sex offense is the total point of eight points, and the punishment is the intermediate point of eight points.