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(영문) 창원지방법원 진주지원 2018.09.06 2018고합77
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 April 22, 2018, the Defendant: (a) at the entrance of the D Game room located in Scheon-si C around 13:30 on April 2, 2018, the Defendant stated that the victim’s age was “16 years of age”; (b) however, according to the records of this case, the victim was born on September 2002 and then was born at around 15 years of age (Evidence 6 pages, 42 pages); and (c) the Defendant corrected the facts charged to the extent that there is no substantial disadvantage to the Defendant’s exercise of his/her right to defense.

Pursuant to B, the victim's shoulder was prevented from putting the victim's shoulder by hand, and the victim's kisk was forced to do indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

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 selection of the relevant criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In full view of the proviso to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant is a disabled person of Grade III with intellectual disability, and the Defendant’s communication ability, speech, attitude, etc. at this court and investigation agency are deemed difficult to expect the effect of preventing recidivism of sexual crimes through an order to attend a lecture, and there are special circumstances in which the Defendant is unable to impose an order to attend a lecture on him/her.

[Determination]

1. The exemption of disclosure order and notification order from disclosure order and 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 degree of conduct is relatively minor, the side and environment of the victim, the defendant's age and environment, the disclosure order and notification order, the degree of disadvantage and anticipated side effects that the defendant will suffer, and the resulting side effects.

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