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(영문) 창원지방법원 2014.11.27 2014고합217
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 19:30 on July 12, 2014, the Defendant saw the victim C (the age of 13) who was sitting in the front seat of the Jinhae-si, Changwon-si, and Happed with the victim's head, bucks, etc. in his hand by discovering the victim C (the age of 13) who was sitting in the front seat.

Therefore, even if the victim was moved to another place, the defendant again moved to the next place of the victim and rhumbucks of the victim were used.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D or C;

1. The application of Acts and subordinate statutes to each internal investigation report [the defendant asserts that there is no fact that the victim rhumbucks do not use the victim's bucks after the victim moved his place, but in light of the fact that E and F, who was listed as the victim's bucks upon the victim's request after the victim moved the place, stated that the defendant met the victim's bucks.”

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. 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. The sentencing of sentencing is based on the following circumstances: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, occupation, family environment, social ties, criminal records, and the risk of recidivism (no criminal records of the same kind of crime) recognized as recorded; and (b) the benefits and preventive effects expected from the disclosure order or notification order of this case and disadvantages and side effects therefrom; and (c) the disclosure or notification of the Defendant’s personal information

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