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(영문) 광주지방법원 순천지원 2020.04.09 2020고합15

아동ㆍ청소년의성보호에관한법률위반(강제추행)

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A defendant shall be punished by imprisonment for not less than one year and six months.

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

1. On October 25, 2019, the Defendant: (a) discovered the victim D (inn, 13 years of age, 13) who was waiting for an elevator before the elevator of the first floor of the 201st apartment complex B apartment C, 18:23 on October 25, 2019; (b) decided to commit an indecent act; (c) followed the victim by following the elevator; and (d) decided on October 25, 201, the Defendant got the victim's chest on one occasion with the defective hand that the elevator attempted to have arrived at the elevator; and (d) decided on October 25, 201, the victim "I am the victim's chest at our house to reduce the victim's arm's length."

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

2. On October 27, 2019, around 13:30 on October 27, 2019, the Defendant found the above victim who was returning home on the street prior to the apartment Cdong as stated in paragraph (1) of this Article and tried to commit an indecent act, and followed the victim, he was on board the said Cdong elevator with the victim, and the elevator was on board the elevator with the victim, and the victim was on one occasion by the defective person’s own hand who intends to have the victim arrived at the floor.

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 to D by the police;

1. Application of Acts and subordinate statutes to photographs on crime scene;

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 select the relevant criminal facts and punishment;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as prescribed by the Act on the Protection of Children and Juveniles against Sexual Abuse on October 27, 2019 with heavy circumstances);

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 (The following consideration shall be made again for the reason of sentencing);

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

1. Matters concerning the protection of children and juveniles against sexual traffic, exempted from disclosure orders and notification orders;