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(영문) 창원지방법원 거창지원 2017.08.31 2017고합10
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 21, 2017, at around 08:00, the Defendant (i.e., the Defendant) was seated in the side of the victim E (i.e., 18 years of age) in the “D cafeteria” located in the Gyeongnam-gun, Chungcheongnam-gun, Seoul, and (ii) was faced with the victim’s damages.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. On-site photographs of 30 pages;

1. Application of each of the Acts and subordinate statutes in a investigative report (including the current status of the crime scene photographs and the attachment of CCTV screen pictures), a investigative report (Attachment of data on CCTV screen pictures), and a investigative report (the analysis and verification of data on forced indecent conduct);

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

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. It is reasonable to have the effect of preventing re-offending by ordering the accused to attend a lecture for sexual assault treatment, which is a child exempted from disclosure orders or notification orders, under the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse (the degree of conduct is not excessive; and the accused to take a lecture for sexual assault treatment);

In full view of the Defendant’s age, occupation, social relation, background leading up to the instant crime, details of the instant crime, and other various circumstances, such as benefits and preventive effects expected by the instant disclosure order or disclosure order, and disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

3) Determination of the argument of the defendant and his defense counsel

1. The Defendant’s summary of the assertion is the victim who had drinking and sprinks at around 00:30 on the day of the commission of the crime.

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