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(영문) 창원지방법원 마산지원 2019.10.11 2019고합59
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 1, 2019, around 16:03, the Defendant found the victim C ( South Korea and 13 years of age) facing each other in the street of the Masan-si, Changwon-si, the Defendant committed an indecent act by force against the victim, who is a child or juvenile, as shown below.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes on the list of suspect site photographs and 112 reported cases;

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. 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. In full view of the proviso to Article 49(1), the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (the fact that the defendant has no record of criminal punishment, the registration of personal information of the defendant against the defendant and the taking courses for sexual assault treatment can prevent the recidivism of the defendant. The disclosure notification and employment restriction order shows that the disadvantage and anticipated side effects that the defendant may sustain due to the disclosure order, the effect of the prevention of sexual crimes that the defendant may sustain, the victim protection, and the defendant's age, occupation, family environment, social relationship, and motive and consequence of the crime, the registration and submission of personal information of the defendant

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