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(영문) 대전지방법원 천안지원 2020.04.01 2019고합237

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

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 August 21, 2019, around 19:05, the Defendant: (a) around 19:05, the Defendant was placed in the seat seat of the victim D (the 17th, 17 years old, 17 years old, 17 years old), which was seated back to the 6th screen of the 'C' in Dong-gu, Namnam-gu, Seoul.

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. Statement made by the police in relation to D;

1. A self-written statement and a written statement of reference;

1. A report on the occurrence of a crime, a report on internal investigation, a report on internal investigation (the perusal ofCCTV and the confirmation of the appearance of suspects), a report on investigation (specific relation to a suspect), or a report on investigation (specific relation to a suspect);

1. Application of Acts and subordinate statutes on movie admission tickets, field photographs and printed matters, 112 report processing slips, copies of CCTV video works and closures, and application of customer information information in E points cards;

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 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. In full view of the Defendant’s age, family relationship, and social relationship, details and circumstances of each of the instant offenses, benefits and preventive effects expected due to the Defendant’s disclosure order and notification order, and disadvantages and side effects therefrom, the Defendant’s personal information is disclosed and the Defendant’s personal information is deemed to have been lost to a certain extent only by taking account of the following factors: (a) the Defendant’s age, family relation, and social relationship; (b) the Defendant’s information disclosure order and notification order; and (c) the Defendant’s disclosure order and notification order and notification order; and (d) the registration of personal information.