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(영문) 광주지방법원 순천지원 2019.03.28 2018고합234
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 9, 2018, the Defendant: (a) completed the teaching of the victim B (name, fel, 15 years of age) who was receiving an individual and extracurricular teaching from the Defendant from the Defendant on the day of August 9, 2018; (b) went to the house; (c) went to the vehicle of the victim C, which the Defendant driven by the Defendant on August 9, 2018; and (d) went to the front parking lot of the D apartment in Gwangju-si on August 17:12, 2018; and (c) the victim was seated on the top of the above passenger car at the time, stating that “if the breast is so d??????’s chest?s chest?s breast?s breast?s breast?s kn, the victim continued to talk with the victim’s knife and knife?’s breast?s knif, even though the victim refused it, the victim was pushed to the victim’s breast.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of each ctv photographic statute

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. 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. 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 (i.e., the possibility of recidivism by the accused, the degree and expected side effects of the disadvantage the accused has entered due to the accused's order of disclosure or notification, the prevention effect of sexual crimes subject to registration which may be achieved therefrom, and the effect of protecting the victims of sexual crimes subject to registration, it is deemed that there are special circumstances in which the accused may not disclose or notify personal information on the accused);

1. An order to restrict employment;

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