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(영문) 제주지방법원 2020.01.30 2019고합168
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

At around 19:40 on June 2, 2019, the Defendant walked to the victim D(the age of 17) in front of the ‘C' restaurant in Jeju, without any reason, while drunking in front of the ‘C' restaurant, and without any reason, and the victim saw the Defendant to escape from the victim's back to the victim's her knife, and her knife the victim's k's knife with the victim's knife with his knife with his knife., and the victim her knife the victim's knife with his knife.

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. Witnesses D and E's respective legal statements;

1. Examination protocol of the accused by prosecution;

1. Application of statutes on site photographs;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the choice of imprisonment with labor for the crime;

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) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Public Disclosure and Notice Orders and Employment Restriction Orders; 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; Article 56(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities; thus, it is difficult to readily conclude that a defendant has been punished as a sexual crime and has the risk of recidivism; the registration of personal information and order to attend a course alone appears to have the effect of recidivism; and the defendant’s age

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