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(영문) 청주지방법원 2019.01.11 2018고합162
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

Provided, That the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 13, 2018, the Defendant: (a) around 13:30 on June 13, 2018, at the entertainment room of “C” located in a considerable area of the Cheongju-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheong the victim by using both arms, and continued to use the victim in a double arms, and (b) committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

Defendant’s legal statement

The photograph of the victim’s statement and stenographic CCTV images taken by the victim contained in the video CD [the defendant asserts to the effect that his indecent act does not memory the victim, but the victim specifically states the content and circumstances before and after the damage, and the CCTV inside the amusement room also contains a photograph that the defendant saw the victim as 10 seconds or more after the victim’s back. According to the above evidence, the above evidence, it is recognized that the defendant committed an indecent act by force, such as the crime, is applicable to the crime];

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;

2. Articles 10(2) and (1) and 55(1)3 of the Criminal Act for mitigation of mental illness and injury (Article 10(1)3 of the Criminal Act provides that according to the mental emotions of the Medical Treatment and Custody Office and the written investigation of the Cheongju Probation Office against the Defendant, the Defendant is deemed to have been in a state where the Defendant, at the time of committing the instant crime, had the ability to discern things or make decisions due to

3. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

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

5. Re-offending is also conducted by the accused only by having no record of punishment for sexual assault crimes, registering personal information of the accused, and attending the sexual assault treatment course, under 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.

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