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(영문) 광주지방법원 목포지원 2019.08.22 2019고합49
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 17:20 on December 3, 2018, the Defendant, as a bus driver, walked up the above terminal bus platform in Yong-gun, Yong-gun, Yong-gun, Youngnam, to board the bus he operated. However, as the Defendant discovered the victim D (Nam and 17 years old) waiting in front of the bus operated by the Defendant, the Defendant would be able to her hand in the future, and the Defendant would have her ability to use the victim's sexual flag as follows.

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

Summary of Evidence

1. The defendant's legal statement;

1. Application of the Acts and subordinate statutes on witness D and E's respective legal statements;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the relevant criminal facts;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( normal consideration considered favorable to the reasons for sentencing as follows);

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. Where the conviction of a person subject to registration of personal information in the judgment on the registration of personal information under Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and Article 59-3(1) main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities is finalized, the Defendant is a person subject to registration of personal information pursuant to the main sentence of

The details of the crime of sexual assault of this case exempted from disclosure and notification order, the age, character and conduct, environment, previous records (no sex crime record) and risk of recidivism, and other preventive effects of sexual crimes expected by disclosure and notification order, and the disadvantage and anticipated side effects of the defendant.

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