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(영문) 청주지방법원 2020.04.17 2019고합223
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 29, 2019, the Defendant reported the victim at a restaurant where the victim B (the name, South, and the age of 16) is working, and came to know that the victim will buy boomed. On July 29, 2019, the Defendant contacted the victim with his intention to buy boomed.

On July 29, 2019, at around 23:30 on July 29, 2019, the Defendant was forced to commit an indecent act against a child or juvenile, by putting the victim's chest into the clothes of the victim while drinking the victim and drinking at the house of the Defendant of the C building D, Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. The statements and stenographic records recorded in the video CD;

1. 112 Application of Acts and subordinate statutes of the 112 Report Processing Table;

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. Article 53 (1) 3 of the Criminal Act for discretionary mitigation (The conditions favorable to the reasons for sentencing below);

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. 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 (the age and social relation of the accused, power, content and motive of the crime, risk of re-offending, the course and method of the crime in this case, the degree of disadvantage and side effects likely to be inflicted on the accused due to the order of disclosure or notification, the preventive effect and effect of the sex crime against the child or juvenile subject to disclosure or notification, the protection effect of the victim, etc., shall be comprehensively taken into account, and thus, there are special circumstances where the accused may not disclose or notify personal information, and such order shall not be issued to the accused)

1. An order to restrict employment;

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