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(영문) 수원지방법원 2018.10.25 2018고합390
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

On July 2, 2018, the Defendant: (a) discovered the victim D (Woo, 18 years of age, 18 years of age) and followed it; (b) followed the victim on July 2, 2018, when she was coming to walked, the Defendant 22:40 on July 2, 2018; (c) discovered the victim D; (d) met the victim by her own seat; (d) met the victim by her hand; (d) her fingers the victim by her hand; and (d) her her hicked the victim by her hicking the victim; and (e)

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A statement of victims;

1. Application of Acts and subordinate statutes to photograph victims and raise suspects who are taken by police officers dispatched to the scene, and to report on investigation (Attachment to CCTV files in the form of crimes);

1. Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning criminal facts;

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 the personal information of the accused may not be disclosed, in full view of all the circumstances, including: (a) there is no history that the accused has been punished for a sex offense; and (b) the effect of preventing profits and sex crimes expected due to the disclosure order or notification order of this case; and (c) disadvantages and anticipated side effects;

[Determination]

1. A special circumstance under which an employment restriction order may not be placed in light of the following factors: (a) the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of being punished for a sex offense and no record of the behavior of a sexual crime appears; (b) the content and motive of the crime, the method and consequence of the crime; and (c) the risk of recidivism.

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