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(영문) 광주지방법원 목포지원 2019.01.31 2018고합91

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

1. On July 23, 2018, the Defendant: (a) at C convenience stores located in Sinpo City B on July 2018, 2018, viewed the name tag to the victim D (the name of the victim, 18 years old, and female) who worked at the Kapoter, and added the victim’s name to the name; (b) whether the victim’s name was a minor; (c) whether the victim respondeded to the victim, who was sexually, was the third year of the “high school; and (d) whether the victim was “the victim, who was asked to the victim,” was terminated at the time of “the victim.” (d) The Defendant was the victim’s son, and the competent manager was the victim’s grandchildren and the part

2. On July 23, 2018, the Defendant went out of a diving on or around 20:46, and again, entered the convenience store as above, the Defendant continued to take the victim’s grandchildren despite the victim’s refusal to bring his/her grandchildren and attempted to deduct his/her grandchildren, on the ground that “I will come out of the width, I will come out of it, I will come up with a minor, I will come up with a few people, and I would come up with a few people.”

As a result, the defendant committed an indecent act against a child or juvenile victim on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Reporting on the occurrence of a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (E), investigation reports (on-site conditions, etc.), and internal investigation reports (related to the verification of CCTV images);

1. Application of Acts and subordinate statutes to field CCTV photographs;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act that stipulate the relevant Articles of the Act and the choice of punishment for the crimes;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with the punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse as referred to in paragraph (2) of the said Article whichever the circumstances are heavier);

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( normal consideration considered favorable to the reasons for sentencing as follows);

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