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(영문) 청주지방법원 2013.05.10 2012고합1
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 August 12, 2011, the Defendant: (a) around 19:00 on August 12, 2011, at the “Dbbbbbb” operated by the Defendant located in Chungcheongbuk-si, U.S., the Defendant, who was employed as an employee, was her sexual part in the victim E (n.e., 18 years of age) and her sexual part in the buckbbbbbbbbb, and her hand in the victim’s buck with the victim’s panty, and then her hand in the right part inside the victim’s buckbbbbbbb.

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

Summary of Evidence

1. Among the legal statements of the witness E and F witness F, the part on which the statement of the accused and the injured party is to be made is a professional statement, this shall not apply;

(Articles 310-2 and 316(1) and (2) of the Criminal Procedure Act (see Articles 310-2 and 316(1) and (2) of the G Witness G’s legal statement include the part on which the Defendant’s statement was made in a particularly reliable state, as it appears in the hearsay statement or the subsequent.

(Article 316(1) of the Criminal Procedure Act). Each legal statement

1. Application of the Acts and subordinate statutes to the complaint;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The main sentence of Article 13 (1) and the main sentence of Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Whether a given child or juvenile exempted from disclosure order or notification order constitutes “any other special circumstance deemed prohibited from disclosing personal information” provided for in the proviso to Articles 38(1) and 38-2(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse as one of the grounds for exception to disclosure order and notification order under the proviso to Article 38-2(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be construed as either the Defendant’s age, occupation, risk of recidivism, etc., the offender’s characteristic, such as the type, motive, process, consequence, and gravity of the relevant crime, or the disclosure order.

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