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(영문) 대전지방법원 논산지원 2016.08.17 2016고합25
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

A defendant shall be punished by imprisonment for one year.

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

On March 19, 2016, around 11:10 on March 19, 2016, the Defendant appeared at the convenience store located in C, which is a child or juvenile working as an employee, in accordance with Article 23 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in Name C, and Article 7 of the Act on Protection of Specific Crime Informants, etc., the Defendant was able to make a statement under the name of family, and 15 years old). The Defendant was able to take charge of the part of the victim’s shoulder, boom, bl, and blurd with the victim’s shoulder, flurd with the victim’s shoulder, flurd with the victim’s hand, and flurd with the part of the victim’s shoulder, flurd with the bl

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution and the police;

1. Statement made by the police for E;

1. Application of investigation reports (a CCTV image analysis), investigation reports (a criminal investigation into the identity of the original video and CD reproduced), CCTV video-related Acts and subordinate statutes;

1. Relevant Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. When a judgment on the registration of personal information under Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit such personal information to the competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. One year to fifteen years from the imprisonment with prison labor within the applicable range;

2. The scope of sentence [the types of sex offenses] according to the sentencing criteria.

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