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(영문) 서울남부지방법원 2019.07.19 2019고합155
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a disabled person of Grade II with autism and is first between the victim B (a person, 11 years of age).

On October 24, 2018, around 17:05, at the front bus stops in Geumcheon-gu Seoul, Geumcheon-gu Seoul Metropolitan Government, the Defendant moved his own body in the victim, etc., and followed the victim who was waiting for bus at the bus stops, and followed the victim who was playing his body in the victim, etc., and followed the victim's body in the victim, etc., and followed the defendant's bridge on the right bridge of the victim.

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. A victim's statement and stenographic records;

1. 112 written opinions of the 112 Reporting case processing table and statement analysis;

1. Application of the Acts and subordinate statutes to photograph photographs by capturing out CCTV video data at the scene of a suspected crime, which is accompanied by each investigation report ( listening to the N.D phone statement statement, hearing report on suspect assistants, etc.), each internal investigation report (related to the victim B's statement summary, on-site search, and verification of CCTV video data) and each internal investigation report (the document related to the victim B's statement summary, on-site search, and CCTV video data);

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. 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 proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant is a disabled person with a judgment of Grade II disability, and even if an order to attend a course is imposed on the defendant, it is difficult to expect the effect thereof, and there are special circumstances where an order to attend a course cannot be imposed on the defendant);

1. The habit of sexual assault against the accused who is exempted from an order of disclosure and notification, due to lack of criminal records of the same kind of crime under 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;

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