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(영문) 창원지방법원 마산지원 2020.06.26 2020고합19
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

On June 17, 2019, the Defendant discovered the victim C (the name, the age of 15), and the victim D (the age of 13) (the name, the name, the age of 13) on the apartment rooftop of Changwon-si, Yongsan-si, Masan (B apartment security guards). As the victims were unable to contact with their figures, the Defendant left the victims to their house by "I was easy before their house."

At around 10:00 on June 17, 2019, the Defendant came from the victim D's back to the small room of the defendant's house located in Changwon-si, Changwon-si, E, to catch the victim D's back to the victim C by extending back the victim C's part to the victim D's part, and when the victim C's back to the victim C's part, the victim's body was pushed back to the right shoulder of the victim D, the victim's part was pushed back to the back, and the victim's part was pushed back to the back, and the victim's back to the back to the back of the victim D's part, and the victim's back to the back of the victim's part and kn't kn't kn't k's part.

Accordingly, the defendant committed an indecent act against the victims of juveniles.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Each written confirmation of school violence;

1. Application of Acts and subordinate statutes on the notification of internal investigation (the details of finding the damage by the victim, the identity of the suspected person), and the notification of cases 112;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 298 of the Criminal Act, the choice of punishment for a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims C with heavier penalty);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Children or juveniles exempt from the disclosure order and notification order;

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