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(영문) 청주지방법원 2016.09.02 2016고합103
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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

The Defendant, under the trade name of “D” in the Cheongbuk-gun, is a person operating the Taekwondo Chapter, and the victim E (the current age of 18, the current age of 13 at the time of the instant case) is a person who was employed as a transit bus assistant in the same Taekwondo Chapter from the early 2011 Police Officer to the same Taekwondo Chapter.

On July 201, the Defendant, along with the victim and the above Taekwondo ground students, drinked drinking together with the victim, such as having the right to cans and beer, etc. to travel with the victim within ten ten days at a camping site in Chungcheong-gun, Chungcheong-gun, Chungcheong-gun, Chungcheong-gun, Chungcheongnam-do. The victim danced with the victim's side while under the influence of alcohol, and met the chest of the victim by inserting hand into the victim's clothes.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's refusal to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of E and G;

1. A protocol of examination of part of the defendant by prosecution;

1. Each police statement of G and H;

1. Application of Acts and subordinate statutes to prosecutorial statements, video CDs (Evidence No. 29) against E;

1. Article 7(4) and (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); Article 299 of the Criminal Act concerning criminal facts;

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

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The fact that the disclosure and notification of personal information against the Defendant under Article 1 and Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11047, Sept. 15, 201), the proviso to Article 38(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 201) is likely to cause secondary damage to the victim in the course of disclosure and notification of personal information against the Defendant, and the Defendant is a sexual crime.

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