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(영문) 광주지방법원 장흥지원 2020.01.07 2019고합16
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

1. On February 2, 2019, the Defendant: (a) discovered the victim D (one’s name, six years of age) who was salved in front of Gangnam-gun, Gangwon-do; (b) discovered the victim D (one’s age, 16) who was salved in front of the police officer B in the early 2019; and (c) salved the victim’s chest by hand by hand.

2. On March 31, 2019, the Defendant committed the crime of March 31, 2019, around 04:05, around 04:05, around 04:05, and around 04:05, the Defendant sent the victim the head of the victim with both hands, and put the victim kid.

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

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Statement of the police preparation G;

1. Investigation report (Attachment to F CCTV data analysis), evidence on the F-site, and photographs;

1. Application of statutes governing H Center stenographic records;

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;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse as of March 31, 2019, heavier penalty);

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) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 21 (4) of the same Act;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. Registered information under the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from disclosure and notification orders;

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