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(영문) 창원지방법원 마산지원 2018.10.12 2018고합53
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

At around 14:30 on May 27, 2018, the Defendant: (a) committed an indecent act by force against the victim E, a child or juvenile, who was aware of conducting Internet hosting prior to D stores located in Changwon-si, Changwon-si; (b) a child or juvenile, who was a juvenile, (c) was born to the head of the F Newwon XG car operation, the Defendant owned by the Defendant; and (d) a child or juvenile, who was born to the Sungsan-gu, Changwon-si; and (c) a child or juvenile, who was born to the head of the F Newwondo-si, XG car operation to the Sungsan-gu, Changwon-si; and (d) a child or juvenile, who was able to commit an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A criminal investigation report (verification of the victim's age) and a criminal investigation report (Hearing statements from the victim);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

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. In full view of various circumstances, such as the Defendant’s age, occupation, family environment and social relationship, the disclosure order, notification order, and the effect expected by the employment restriction order of this case, as well as the disadvantages and side effects thereof, there are special circumstances in which disclosure of the Defendant’s personal information may not be notified and restricted of employment, taking account of the following: (a) the Defendant’s age, occupation, family environment, and social relationship; (b) the Defendant’s age, occupation, family environment, and social relationship; and (c) the benefits and effects expected by the disclosure order, notification order, and employment restriction order of this case; and (d) the disadvantages and side effects arising therefrom;

The reason for sentencing

1. The range of applicable sentences: Imprisonment for a year to February 15.

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