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(영문) 광주지방법원 2017.09.15 2017고합274
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

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

The defendant is a person who has served as security guards at D High School in the Korean War Forces C.

At around 20:20 on May 17, 2017, the Defendant committed an indecent act against the victim E, who was a student of the above D High School, which caused the above school, to be allowed to see the height of the goods located in the place of waste separation and removal. (In such a case, the Defendant was willing to commit an indecent act against the female by reporting the victim E, who was a student of the above D High School (the life, 17 years old, 17 years old).

After allowing the victim to enter the guard room, the defendant gets the victim to sit on the right side of the victim who sits on the bed, divided the victim's talk, followed by the victim's left hand, etc., and brought the victim's kn's kn's kn's kn's kn's kn's kn's kn's kn's hand on the part of the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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 selection of the relevant criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. If the disclosure order and notification order are given to the accused in full consideration of the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order and notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved due to the order, and the effect of protecting the victim from the sexual crime subject to registration, the Defendant shall not disclose and notify the personal information.

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