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(영문) 창원지방법원 2017.11.30 2017고합205

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On June 13, 2017, around 07:40 on June 13, 2017, the Defendant passed a front path of D Apartment at Kimhae-si.

E Detection of the victim F(n, 15 years old) in the passage of the bus, the victim f(n, 15 years old) was found, and the victim flabed down later, and then flabed the victim with her her her her her her her her her her her her her her her b

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written statement;

1. Application of investigation reports ( CCTV images inside a H bus at the time) and the statutes governing accompanying materials;

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 factors, such as favorable circumstances, etc. among the reasons for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., conditions favorable to the following grounds for sentencing):

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Juveniles from Sexual Abuse, Order to attend a lecture and Order to provide community service;

1. In full view of the Defendant’s age, environment, criminal records, the risk of recidivism, and other benefits and preventive effects expected by the instant disclosure order or notification order, as well as the disadvantages and side effects therefrom, etc., the Defendant’s personal information disclosure should not be disclosed, pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (hereinafter “Juveniles against Sexual Abuse”).

(C) Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that a person subject to registration shall be subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and submit personal information to the competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. The scope of punishment recommended on the sentencing criteria [the types of decisions] shall be sex crimes;