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(영문) 대구지방법원 영덕지원 2018.10.25 2018고합11
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 March 20, 2018, around 17:20 on March 20, 2018, the Defendant discovered the Victim C (Ga name, 13 years of age) that was passed in front of the Gyeong Young-gun, Kim Young-gun, and tried to commit an indecent act against the victim. The Defendant flick the victim’s left chest with the victim’s finger hand on one occasion, and then, the Defendant flicker and flicked the victim “I am from this interest, I am from the inside, and am dead.”

“Indecent act by intimidation against a child or juvenile victim,” the victim was forced.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name);

1. Each investigation report (related to the statement of a wooden shot, the cases of attaching field CCTV shot photographs, and the cases related to attaching photographs to places of crime);

1. 112 A list of reported cases;

1. The extraction of CCTV, and the application of Acts and subordinate statutes on-site photographs;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. There are special circumstances in which the disclosure of personal information may not be notified in light of the extent and expected side effects of the defendant's disadvantage due to the defendant's age, occupation, risk of re-offending, type of each of the crimes in this case, motive, process and seriousness of the crime, disclosure order or notification order, prevention of sex crimes that may be achieved due to such order, protection of victims, etc., of the child exempted from disclosure order and notification order, etc.

Since it is judged that the defendant does not issue an order of disclosure and notification to the defendant.

1. Article 3 of the Addenda to the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018; hereinafter the same) exempt from an employment restriction order, and the former Act on the Protection of Juveniles against Sexual Abuse.

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