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(영문) 전주지방법원 정읍지원 2020.01.08 2019고합63

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 7, 2019, around 15:30 on May 7, 2019, the Defendant: (a) around B apartment C, the Defendant’s residence of the Defendant, and the Victim E, the Defendant’s living together, (a) was able to enjoy in the living room floor; (b) sexually, the victim’s blue blue blue blue blue blue blue blue blue blue blue blue blue blue blue blue blue in the victim’s blue on the part of the victim’s blue blue blue blue

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

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

1. Article 49(1) proviso, Article 50(1) proviso, Article 56(1) proviso, Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 56(1) proviso of the Act on the Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities, that it is difficult to readily conclude that the Defendant has a risk of sexual assault and recidivism against the Defendant since he/she had no record of punishment as a sexual crime, and that it is difficult to conclude that the Defendant has no record of punishment as a sexual crime, such as the Defendant’s age, occupation, home environment, social relationship, etc. recognized in the record, the Defendant’s personal information registration of the Defendant and participation in the sexual assault treatment alone appears to have the effect of preventing recidivism, and the Defendant