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(영문) 대구지방법원 2019.09.20 2019고합286
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 June 21, 2019, the Defendant, at a restaurant operated by the Defendant in Daegu Dong-gu, Daegu-gu, on June 21, 2019, stated that “I am bad, I am 15 years of age” to “I am bad, I am am in the part of the Defendant’s am.”

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of C;

1. A list of CCTV closure photographs, message details, CCTV images CDs, and 112 reported cases;

1. Application of Acts and subordinate statutes to a report on the occurrence of a suspected crime by indecent act, each investigation report (Attachment to a photograph of the head of the crime related to the suspect's crime, attach a detailed contact with the victim's mother-child, and attach a list of 112 reported cases);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

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 main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In light of the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that a defendant has no record of punishment for a sex offense, the fact that the defendant's registration of personal information against the defendant and taking lectures in the sexual assault treatment course can prevent recidivism by the defendant, the disclosure and notification order shows any disadvantage and anticipated side effects that the defendant may sustain, the effect of preventing sexual crimes subject to registration that the defendant may achieve, and the effect of protecting the victims, it is deemed that there are special circumstances where the disclosure and notification of

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment restriction order;

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