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(영문) 전주지방법원 2018.08.09 2018고합54
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a D urban bus article, and the victim E (the victim E, 17 years old) is a passenger of the bus.

On January 28, 2018, the Defendant stopped at the H bus paper store F in Jinjin-gu, Jinjin-gu, Seoul on January 28, 2018, the Defendant saw the victim seated at his seat to be placed on the left-hand side of the victim by bending the victim, and put the victim into double arms after causing the victim's shoulder, and put the victim's shoulder on the left-hand side.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A report on investigation (such as cutting a black booms and cutting a course);

1. Application of the Acts and subordinate statutes governing urban bus boxes and video CDs;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment for the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the period of restriction on employment shall be three years in consideration of the age, occupation, risk of recidivism, degree of conduct, etc. of the accused) of the Act on the Protection of

1. The exemption from disclosure order and notification order under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the Defendant has no record of criminal punishment due to a sex offense in the past; the Defendant’s distorted sexual impulses revealed through the instant crime are expected to be considerably improved by the principal and incidental disposition imposed on the Defendant; and other reasons are due to the Defendant’s age, family environment, social relationship, occupation, details and result of the instant crime, and disclosure order.

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