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(영문) 청주지방법원 2018.09.21 2018고합110
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of a sentence 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 17, 2018, at around 23:30 on the Cheongju-si, the Defendant committed an indecent act against the victim D (V, 17 years of age, name) who is a part-time student, after holding a staff meeting at the “C” restaurant operated by the Defendant in Cheongju-si B.

The defendant saw the victim from the entrance to the restaurant where she intends to go on the house, "I will see us. . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. ... ... .. ... ... kn the victim .. ... ... ... ... ...

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

The statement and application of statutes on field photographs of the victim contained in the Defendant’s legal statement video CDs

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 selection of the relevant criminal facts;

2. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

3. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing):

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

5. A child exempted from an disclosure order or notification order may have the effect of preventing re-offending even with the fact that the defendant has no record of punishment for a sexual crime, the registration of personal information of the defendant against him/her, and the lectures in treatment of sexual assault, under the proviso to Article 49 (1) or Article 50 (1) (proviso) of the Act on the Protection of Juveniles against Sexual Abuse;

In addition, the defendant's age, occupation, family environment, social relationship, method and result of crime, preventive effect expected by an disclosure or notification order, disadvantage and anticipated side effects of the defendant's entry, protection of the victim, etc. shall be comprehensively considered.

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