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(영문) 창원지방법원 진주지원 2016.05.02 2015고합163
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

The Defendant, as a long-term resident of Vietnamese nationality, committed an indecent act by force by reporting the victims E (V, 18 years old) who are selling things at the D convenience stores located in the Gun of Vietnam-do.

On August 23, 2015, at the above convenience point calculation stand around 21:04, the Defendant brought a brush (60cm in length, 2 cm in diameter, 3cm in length) to the victim’s sexual part of the victim’s sexual part, and changed the bruc part of the victim’s sexual part of the bruced machine. The Defendant her bruced the victim’s brut with the victim’s brut on one hand, and her brut by her sexual part of the victim’s sexual part.

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

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of each investigation report (to listen to the statement by telephone, such as on-site circumstances, victim's statement, security of CCTV images, circumstance of the incident, existence of punishment, etc. at the time of mobilization), CCTV-cap photographs, and CCTV CD-related Acts and subordinate statutes

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the selection of the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The proviso to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant does not facilitate communication with the foreigner of Vietnam with Korean language, and if this judgment becomes final and conclusive, it is highly likely that the foreigner will be forced to leave the Republic of Korea under the Immigration Control Act.

Considering this point, it is difficult to expect the effect of preventing recidivism through an order to attend a lecture, and there are special circumstances in which the defendant is unable to impose an order to attend

[Determination]

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, exempted from the disclosure order and notification order, [the defendant] has the record of criminal punishment for sexual crimes before committing the instant crime.

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