beta
(영문) 의정부지방법원 2020.07.24 2020고합77

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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 December 2, 2019, from around 05:00 to 07:00 on the same day, the Defendant: (a) committed an indecent act against the victim in response to the victim’s eye while intending to see the victim’s eye on the ground that the victim “C Park” located in Dongducheon-si, “C Park” in B, on the ground that the victim D (name, leisure, 16 years of age) took his examination; (b) committed an indecent act against the victim in response to the victim’s eye with his eye, and (c) took part in the victim’s eye and clothes when he was exposed to the Defendant’s sexual organ by exposing the victim’s inner eye and clothes; and (d) tried to get off the victim’s arms while intending to get out of the victim’s arms and scambling, and forced to put the victim’s salk to the inner part of the victim’s eye.

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. Application of the CCTV-related Acts and subordinate statutes to each police officer's protocol of statement to D and E for crime prevention;

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

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. 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 and Article 21 (4) of the same Act;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16275, Nov. 26, 2019); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. The former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019) exempt from disclosure and notification order.