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(영문) 의정부지방법원 고양지원 2021.01.26 2020고합285
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 8, 2020, the Defendant, at around 19:50 on September 19, 202, c, followed by the victim D (name, her, age 14) who sought goods, her hand her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Summary of Evidence

1. Application of the Act and subordinate statutes to the police report on the investigation of the police's statement protocol against the defendant's legal statement D (alias Nos. 3, 6, 7, and 10 of the evidence list) (the victim list Nos. 3, 6, 7, and 10 of the evidence list), video CDs at the scene of crime

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act (the occupation of indecent acts against children and juveniles by force and the choice of punishment by imprisonment) concerning the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes concerning a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, which has arisen on the side of more heavy calculation];

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 202), 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 sentence of imprisonment to the Defendant, registration of personal information, orders to attend education for treatment of sexual assault, and orders to restrict employment, can prevent recidivism even if such orders have an effect.

The defendant's age, occupation, family environment, social relationship, criminal punishment, disclosure order or notification order.

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