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(영문) 서울북부지방법원 2020.11.27 2020고합323
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 July 29, 2020, at around 15:25, the Defendant entered Seongbuk-gu Seoul Metropolitan Government Section 2, and 3 seated in Frup 2 seated in Seongbuk-gu, Seoul, and took up two times as his/her hand to the victim D (on the other hand, 15 years of age) who is a child or juvenile, who was a child or juvenile, and reported his/her film.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to police statements of the defendant concerning D's legal statement to the defendant, motion picture admission tickets, photographs and investigation reports (the first victim statement hearinger E telephone conversations);

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) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. An order of disclosure and notification, exemption from disclosure and notification of an employment restriction order: Exemption from the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 202); the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities; the Defendant has no record of being punished for a sex offense; the suspension of the execution of imprisonment against the Defendant; probation; the order to attend sexual assault therapy; and the registration of personal information appears to have the effect of preventing recidivism; and other special circumstances may not be limited in light of the Defendant’s age, family environment; social relationship; disclosure and notification of personal information; and anticipated side effects of the Defendant’s employment restriction order.

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