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(영문) 서울동부지방법원 2019.10.11 2019고합272
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 02:10 on July 12, 2019, the Defendant: (a) accessed the victim D (a) who was walking along a path in front of the convenience store in Seongdong-gu Seoul Metropolitan Government, and asked the victim “I wish to drink inside,” and called “91 years of birth”; (b) followed the victim into the above convenience store, saying “I want to drink within, I want to drink,” and said, I would see that I want “I want to drink.” (c) I would see, “I want to drink, I want to do so,” and then I would see that I would see, “I want to do so, I would like to do so, and I would like to do so, I would like to talk.” (d) I would like to see that I would like to see that I would have sold I’s own victim’s hume with the victim’s humfrat, and that I would see that I would have come to her hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. CCTV video CDs;

1. Other closure photographs;

1. Application of Acts and subordinate statutes to investigation reports (in respect ofCCTV images);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. In full view of various circumstances, such as an order to disclose or notify the personal information, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 59-3(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (i.e., the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, the type and motive of the instant crime, the benefits and the effect expected by the order to disclose or notify the information, and any disadvantage therefrom, where a conviction becomes final and conclusive on the facts constituting the crime of registering personal information.

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