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(영문) 춘천지방법원 영월지원 2019.05.02 2019고합6
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 12, 2018, at around 05:30, the Defendant tried to have the victim D (here, 13 years of age) who aided the above restaurant in Gangwon-gun C restaurant located in Gangwon-gun B, but proposed to have the victim interfered with the drinking so that the victim refused to do so, and the victim was able to do an indecent act against the victim, who was a child or juvenile, by making the victim her k's k's k's k's k's k's k's k's k's k's k's k's k's k's k'

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. The CD [the defendant alleged that he did not want to kis on the left side of the victim at the time of committing the crime, but according to the evidence above, it is recognized that the defendant committed an act as stated in its reasoning, such as kissc, as the defendant stated in the judgment at the time of committing the crime, and the above argument is without merit] application of law

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 with labor for the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. An order to disclose or notify information, the proviso to Article 49(1), the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); and the fact that there is no history that the Defendant was punished for sexual crimes; and the instant crime alone does not constitute a criminal tendency against many unspecified persons. It is difficult to readily conclude that the Defendant’s registration of personal information against the Defendant, and taking lectures in treating sexual assault.

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