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(영문) 창원지방법원 통영지원 2019.06.27 2019고합28
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
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

Criminal facts

Around 00:52 on March 3, 2019, the Defendant committed an indecent act against the victim by taking advantage of the victim’s left hand by finding out the victim D (18 years of age) who is a child or juvenile who was divingd in the female inland waters room, and by taking out his/her sexual organ on the side of the victim’s left hand, and taking out his/her own sexual organ on the victim’s left hand, and taking advantage of the victim’s failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act, which adopt the relevant criminal facts and punishment;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating 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 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 registration of personal information of a defendant and the participation in a sexual assault treatment course) of the Act on the Protection of Children and Juveniles against Sexual Abuse appears to have the effect of preventing recidivism to a certain extent, and other special circumstances, such as the defendant's age, occupation, home environment, social relationship, etc., in which the defendant's personal information should not be disclosed and notified,

1. Where a conviction becomes final and conclusive on the criminal facts stated in the judgment on the registration of personal information of the accused, in consideration of the age, family environment, possibility of recidivism, disadvantage that the accused would suffer due to the employment restriction order, and the preventive effect of sex crimes that could be achieved therefrom, etc., of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused shall not be restricted from employment.

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