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(영문) 광주지방법원 순천지원 2019.07.18 2019고합41
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

Around 14:05 on December 2, 2018, the Defendant, while drunk around the construction site located in Macheon-si B, was drunk and expected to be in the wall of the above construction site, was able to find and see the mixed Defendant, and the Defendant was shaken the Defendant, and reported 112 to the victim C (a family name, female, 14 years old) who was waiting in the Defendant’s side by the police officer until the police officer coming, she spar the victim with a double hand, and the victim was kick again in the back to the back to the victim, and the victim was kick back to the back to the victim, and the victim was kick the victim’s chest back to the back to the victim, and the victim refused the victim’s “nick”, and the victim was able to use the victim again from the back to the victim, and the victim was able to use the victim again.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Investigation report (Attachment of 112 Report List for Handling Cases);

1. Application of the drug law to the 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. 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 extenuating circumstances among the reasons for sentencing);

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

1. In full view of the possibility of recidivism of a sexual crime by the accused under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the extent and expected side effects of the accused’s disadvantage due to an order of disclosure or notification, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims of a sexual crime subject to registration, etc., the accused shall not disclose or notify personal information.

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