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(영문) 수원지방법원 평택지원 2019.09.27 2019고합88
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 23, 2019, around 13:14, the Defendant entering the building, and the “D Teaching Institute” managed by the victim C on the 5th floor, entering the said private teaching institute to the school room without any justifiable reason.

2. The Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, committed an indecent act by force against a child or juvenile victim E (a child or juvenile) by stating that “the victim E (a family name, leisure, 16 years of age) is “I am see at one time, but I am see at one time” at the same time and at the same place as stipulated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E;

1. C’s statement;

1. A report on investigation;

1. On-site CCTV photographs, investigation reports, and data attached thereto;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 319 (1) of the Criminal Act that prescribes the applicable punishment, and the choice of punishment, Article 319 (1) of the Criminal Act, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment of two crimes prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the punishment), among concurrent crimes;

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, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The Defendant’s age, occupation, risk of repeating a crime, the type, motive, process, disclosure and notification order of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the prevention of sex crimes subject to registration that may be achieved therefrom, and the protection of victims.

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