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(영문) 수원지방법원 성남지원 2020.04.16 2019고합275

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 May 19, 2019, the Defendant: (a) around 15:40 on May 19, 2019, the Defendant: (b) was the victim D (a) who was engaged in volunteer activities prior to the outbreak period in the C Station A located in Sungnam-si, Sungnam-si; (c) “A is a man with a sexual defect; (d) is a man with a big sexual defect; (e) is good, inside, and a large number of women, such as a width, is bad, and the body inside, has been written.” (d) was the victim’s grandchildren.

2. At around 16:00 on May 19, 2019, the Defendant: (a) at the entrance of the door of the F Building in Seongbuk-gu, Sungnam-si; (b) again, the said victim followed the Defendant’s act as referred to in paragraph (1) and followed by the Defendant’s act; and (c) the Defendant met the victim’s left end.

Accordingly, the defendant committed an indecent act on the part of the victim who is a child or juvenile on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of D;

1. Application of field photographs and closure Acts and subordinate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravation of concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the punishment prescribed in paragraph (2)]

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. An order of disclosure, notification, and employment restriction order is deemed to have an effect of preventing re-offending through the registration of personal information on the Defendant, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), the proviso to Article 56(1), and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities, and attending sexual assault treatment. In addition, due to the Defendant’s age, motive and method of committing an offense, disclosure, notification, and employment restriction order.