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(영문) 서울중앙지방법원 2018.03.30 2018고합135
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

The Defendant is a worker working at the H convenience store located in Jung-gu Seoul Metropolitan Government G.

The Defendant, at around 07:50 on September 7, 2017, to the victim I (I, 11 years old, I, I) who had been in front of the display stand for the purpose of the fraud of the goods at the above convenience store “I have increased;

The term "I amba, I amba, I amba", and the above victim does not refuse to do so.

In order to attract the victim with the defective saves, the victim saves the victim with the saves, and the victim saves the victim with the saves, and the victim saves the victim with the Abaves, and the victim saves the victim's ambaves.

At the same time, the victim entered the warehouse of convenience store goods, and then the victim "Isaman" is called "Isaman", and the victim's resistance has been prevented by drawing the victim's own arms, and the victim's pande with left hand, and the panty part of the victim's panty was able to write his hand into the victim's panty and use the front part of the victim's panty.

As a result, the defendant committed indecent acts against the juvenile who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of statements made by victims;

1. Application of Acts and subordinate statutes on video recording at convenience stores;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following factors, such as favorable circumstances, etc. among the reasons for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The following consideration shall be repeated, such as favorable circumstances, among the reasons for sentencing);

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

1. The exemption from disclosure order and notification order under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the defendant has no record of being punished for the same sex offense, and the crime of this case alone has a criminal tendency against many unspecified victims.

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