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(영문) 제주지방법원 2019.08.14 2018고합200
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On October 5, 2017, the Defendant: (a) around 13:30 on October 5, 2017, the Defendant informed the victim D (the 14-year old age), a student of the English Institute of English Research at the Defendant’s home of the Jeju building B, that he/she was undergoing reinforcement classes; (b) notified the victim of the law recognizing the astronomical background; (c) had the victim look at the astronomical background; and (d) had the victim sprinked with both arms; and (c) had the sprinked the beer; (d) had the sprinked the beer in the chest near the chest where the victim was suffering; and (d) had the victim look at the beer; and (d) caused the victim to be placed on the beer; and (e) had the victim commit an indecent act against the child or juvenile by using a deceptive scheme, such as the victim’s title, ging, buckbucks, etc.

2. On October 2017, the Defendant committed an indecent act against the victim, who is a child or juvenile, by driving bucks and bucks of the victim’s bucks, and by driving bucks, sucks, spawns, and spawns on the victim’s own will while serving a reinforcement class against the victim in the F Teaching Institutes E, which is located in the early and middle police station in Jeju Island.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A complaint;

1. Application of statutes governing stenographic records;

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act, which provide for the corresponding legal provisions and the choice of punishment for the crime;

1. Of concurrent crimes, the aggravated punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes with punishment provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse, etc. on October 5, 2017 with heavier penalty) among concurrent crimes;

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

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15452, Mar. 13, 2018); the former Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15452, Mar. 13, 2018).

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