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(영문) 대구지방법원포항지원 2020.08.20 2020고합42
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On April 19, 2020, the Defendant: (a) around 19:45 on April 19, 2020, at the bus stops located in the north-gu B-gu bus stops in the north-gu, Sinpo-si; (b) while under the influence of alcohol, the Defendant walked to the victim C (a 17 years of age) the phrase “Ih, Trh, Trh.,” and (c) the victim read “Ih, Th., Ih.,” and (d) the victim’s son’s son was bucked with the victim’s buckbucks.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Application of Acts and subordinate statutes to a report on occurrence (violation of the Act on the Protection of Children and Juveniles against Sexual Abuse), processing a report on 112 reported cases, processing a report on CCTVs, investigation reports (verification of CCTVs), investigation reports, investigation reports (suspects' search reports), investigation reports (Listening to police officers' telephone statements), investigation reports (Access to police officers' telephone statements), investigation reports (verification of the status of selling a suspect), investigation reports (Listening to the victim's telephone statements), and investigation reports (Listening to victim'

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the choice of imprisonment with labor for the crime;

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) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The fact that the Defendant has no record of being punished for a sex offense 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); personal information registration; taking courses in sexual assault therapy; and taking employment restriction orders alone appears to have the effect of preventing recidivism by the Defendant; the Defendant’s age, occupation, environment; the details and background of the instant crime; the method and consequence thereof; and other means of the instant crime.

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