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(영문) 부산지방법원 서부지원 2018.11.22 2018고합199

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 16, 2018, the Defendant is disadvantageous to the victim E (one-year-old, 18 years of age) (a name, leisure, 18 years of age) in the D convenience store located in Busan Sash-gu, Busan on August 22:40, 2018.

d. Doz.

".................... in his hand, the victim’s left her mared twice and forced indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. E’s statement in video recording CDs;

1. Statement made by the police with regard to F;

1. Investigation reports (on-site and CCTV investigations);

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing has been repeated for more favorable circumstances);

1. Article 21 (2) and (4) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles Ordering to attend a lecture or providing community service order;

1. An order to disclose or notify personal information, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the term, occupation, environment, criminal punishment, disclosure order, or employment restriction order of the accused recognized in the record), the degree and expected side effects of the accused's disadvantage or disadvantage due to the accused's age, occupation, environment, criminal punishment, disclosure order or notification order, and the effect of preventing sexual crimes that may be achieved therefrom, and the protection of the victim, there are special circumstances in which the accused shall not disclose or order the child-related institutions, etc. to restrict employment;

If a conviction becomes final and conclusive on a crime subject to registration, which is a sex offense subject to registration and submission of new information, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to relevant agencies pursuant to Article 43 of the same Act

1. Reasons for sentencing.