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(영문) 청주지방법원 2019.02.01 2018고합256
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for one year.

Provided, That the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a second degree of pulmonary disability.

1. Around 18:10 on June 20, 2018, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts by compulsion) committed a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, when the victims E (the 15-year age), and the victims F (the 15-year age age), who boarded the D village bus at the bus stops in front of the Geumcheon-gu Seoul Metropolitan Government B apartment C apartment, left the village bus back to the back door, and the victims e were followed by the victims, and the victim E’s right chest by the victim’s own loss seems to have flicked once.

Accordingly, the defendant committed an indecent act against the victims of juveniles.

2. At around 12:20 on July 26, 2018, the Defendant: (a) discovered and set back the victim H (the name, the age of 24) who was on the way in front of the guard room adjacent to the Geumcheon-gu Seoul Metropolitan Government B apartment G Gdong; and (b) laid down the victim’s chest by his own hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

Defendant’s legal statement

The application of the Act and subordinate statutes to police statements of H, F, and E, investigation reports of H, F, and E (Attachment of Damage Photographs)

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

2. Of concurrent crimes, the aggravated punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment of concurrent crimes with regard to F with regard to the most severe punishment and punishment).

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

4. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence).

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

6. The accused under the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50 (1) of the same Act.

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