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(영문) 창원지방법원 통영지원 2020.05.21 2020고합9
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 19:13 on January 19, 2020 to 20:30, the Defendant was on board the bus B operated from the bus terminal in Busan City to the bus terminal, and the Defendant said that “the Defendant Do Do 14 years old” means that he Do Do Do Do Do Do Do d Do d Do d Do d Do d Do d Do d Do d Do d b s b s n n e., “if our Do d Do d db s b s h n. because Do d d d n.e., the Defendant d d n. d. d. d. d. d. d. 14)

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 by the police in relation to D;

1. A report on internal investigation and an investigation report (a CCTV image in a bus);

1. 112 Application of Acts and subordinate statutes of the 112 Report Processing Table;

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. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for 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) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant has no criminal record of the same kind, the registration of the defendant's personal information and the participation in the sexual assault treatment course can prevent recidivism to a certain extent; the disclosure and notification order shows that there are special circumstances that the disclosure and notification order should not disclose or notify the defendant's personal information in light of the degree of disadvantage the defendant has entered, the effect of preventing sexual assault crime that the defendant may achieve due to the disclosure and notification order, and the age, character, character, occupation, environment, etc. of the defendant;

1. Children and juveniles exempt from an employment restriction order;

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