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(영문) 창원지방법원 2020.11.05 2020고합156
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

At around 20:40 on December 27, 2019, the Defendant: (a) discovered the victim D, who is a child or juvenile, who had up to his/her place, and expressed the victim’s intention of refusal, and (b) led the victim to the victim’s hand; (c) continued to walk the victim’s hand; (d) said, the Defendant used both arms to “I would know the victim’s humfly”; and (d) said, the Defendant humped the said apartment E-dong, while continuing to walk the victim with the said apartment E-dong, the Defendant humbly humped the victim with two arms.

As a result, the suspect committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. The statement made in D in the video CD;

1. The application of the 112 Report Report List, internal history report (Attachment of black stuffs), photographic images (Evidence Nos. 5), black stuffs video CDs (Evidence Nos. 6), internal history report (Attachment of moving routes of suspected persons, images, caps, etc.), moving lines and images, and the application of CCTV video CDs (Evidence Nos. 8), and the Acts and subordinate statutes

1. Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 53 and Article 55(1)3 of the Criminal Act on Discretionary Mitigation of Discretionary Mitigation of Imprisonment with labor, Article 62(1) of the Criminal Act, which applies to the relevant criminal facts, and Article 7(

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. 16622, Nov. 26, 2019); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. The registration of personal information of the Defendant under 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. 16622, Nov. 26, 2019);

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