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(영문) 전주지방법원 2020.11.18 2020고합150
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is living together with C by the mother of the injured party B (here, 16 years of age).

On April 29, 2020, the Defendant: (a) around 19:00 on April 29, 2020, at the Defendant’s residence located in the Full-gu D Apartment E, Yancheon-gu, Seoul Special Self-Governing Province; (b) the Defendant: (c) stated that the Defendant was the Defendant’s grandchildren; (d) kneeped the Victim’s arms to the right side of the Victim; (d) the Victim’s arms were knicked; (e) the Victim was refused, and the knicked; (e) the Victim was able to knick the Victim; (e) forced knicked the knick, knicked into the clothes and broke; (e) continued to knick up the chest of the Victim; and (e) made the Victim’s clothes rapidly, and (e) made the Victim’s clothes and knick back his clothes again even if the Victim did not do so.

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

Summary of Evidence

1. Application of the defendant's legal statement stenographic records (B), police statement statement of the victim's statement video CD C to an investigation report (related to the cell phone image file of the witness C), investigation report (related to the attachment of a transcript) (related to the recording), investigation report (related to the telephone conversation of the witness B);

1. Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 62(1) of the Criminal Act (hereinafter referred to as “the most favorable circumstances of sentencing”) concerning criminal facts, and Article 7(3) of the Act on the Protection of Children

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. The Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process of the instant crime, etc., including the following: (a) the Defendant was a primary offender; and (b) the Defendant’s personal information, if disclosed, may also be disclosed.

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