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(영문) 대구지방법원김천지원 2020.08.11 2020고합20
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

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

The defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a person who has worked as a high school assistant guardian, and the victim B (the 17th, the 17th, the 17th) is a student who was enrolled in the second year in a high school.

At around 13:00 on December 2, 2019, the Defendant: (a) told the victim suffering from the Noart North Korea left by the parent in a high school in Kimcheon-si, Kimcheon-si, that he drinks coffee; and (b) took the victim’s back to the coffee, he said that “I would see why I would see you? I would see that I would see you?” while I see the victim’s back, I would see that I would see why I would see the victim’s left hand.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Any statement made by a witness D, E, or B in the protocol outside the trial, which is appropriate for each of them;

1. A statement made in compliance with B's statement made by the police;

1. Application of Acts and subordinate statutes to a copy of an explanatory note;

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. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

3. Order to complete a program, etc. under Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

4. The Defendant, who was exempted from disclosure order and notification order, did not have any record of having been punished for a sex offense before committing the instant crime, and the Defendant appears to have been able to reduce the risk of recidivism of the Defendant solely on the basis of the sentence imposed on the Defendant, registration of personal information, order to complete a sexual assault treatment program, and order to restrict employment.

The age, family environment, and social relationship of the defendant, and crimes.

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