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(영문) 창원지방법원 진주지원 2016.05.26 2016고합12
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
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

Around 10:50 on January 31, 2016, the Defendant: (a) when the Defendant was seated at 10 seat I in Jinju-si, D Film Center No. 1, 2016, and was seated above the right side of the Defendant and seeed the film; (b) when the Defendant seeed the victim E (the age of 13) who was seated above the Defendant; (c) by taking advantage of the circumstances where it is difficult for the victim to resist the victim’s age, the Defendant saw the victim’s left side by hand with his hand and her hand, and then the Defendant saw the victim’s back to the right side of the victim.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Video recorded CDs in the victim’s video;

1. Report on internal investigation (specific investigation, etc. of a suspect);

1. 112 Integrated inquiries about the handling of reported cases, movie admission tickets (victims), and D1 seat seats, and movie ticket sales tickets;

1. Application of Acts and subordinate statutes to the head of a complaint;

1. Relevant Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning the facts constituting an offense;

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

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

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children exempted from an order to disclose or notify information [the defendant has no record of criminal punishment for any sexual crime before committing the instant crime, and the defendant can expect the effect of preventing recidivism even by taking lectures in registering personal information and taking lectures in treating sexual assault;

I seem to appear.

In addition, comprehensively taking account of the Defendant’s age, occupation, family environment, social relationship, background of the instant crime, benefits and preventive effects expected by the instant disclosure order or notification order, and disadvantages and side effects therefrom, the special circumstances that need not disclose or notify the Defendant’s personal information.

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