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(영문) 청주지방법원 2019.09.11 2019고합110
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
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 February 28, 2019, the Defendant: (a) started from the string place located in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Sin-si, and started to run from the string place to No. e. B, the Defendant was seated on the side of the victim E (the string of the front seat of the driver’s seat, the 13 years old) who was seated at the front of the stopping place before the D University and was seated on the top of the front seat of the driver’s seat; and (b) the victim was bucked with the victim by hand between the victim’s snow and the string of the buck.

Therefore, the Defendant continued to bring the victim's second hand back to the buckbucks, and commits an indecent act by force against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E;

1. Details of text messages;

1. Application of investigation reports (limited to a CCTV closure photograph and CCTV image at the time);

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of, and the choice of imprisonment with prison labor for, an indecent act against a child or youth by force) of the relevant criminal history and the choice of a sentence;

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 extenuating circumstances among the reasons 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 fact that it is difficult to readily conclude that a defendant has a risk of re-offending of a sexual crime, such as having no record of punishment against the defendant for a sexual crime committed against him/her 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, the fact that the registration of personal information of the defendant against the defendant and taking lectures in the sexual assault treatment course alone appears to have an effect to prevent re-offending, and the effect expected by the defendant's age, occupation, family environment, social relationship, method and consequence of the crime, disclosure order

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