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(영문) 대전지방법원 천안지원 2017.12.13 2017고합195

아동ㆍ청소년의성보호에관한법률위반(준강제추행)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 2, 2017, around 11:30 on August 2, 2017, the Defendant: (a) discovered the victim E (the 15-year old) who was sitting in the south-dong-gu, Southern-gu, Dong-gu, Dong-gu, and (b) laid down a dub in front of the convenience store, and laid down the victim’s chest on the road before the convenience store, and tried to commit an indecent act against the victim; and (c) opened the victim’s chest by sitting in the side of the victim, and opened the victim’s chest back up three times by hand, etc.

Accordingly, the defendant committed an indecent act by force against a minor by taking advantage of the victim's potential state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A list of reports on the arrest of a case and the handling of a reported case;

1. Application of Acts and subordinate statutes to report criminal investigation (Submission of images on the face of a crime committed by reference F);

1. Relevant Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning the facts constituting an offense;

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

1. 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 disclosure and notification order of registered information may have a significant impact on the defendant, so prudentness is required for the exemption from disclosure and notification order.

In this case, the risk of recidivism can be reduced by registering personal information and taking lectures to treat sexual assault.

In addition, in light of various circumstances such as the defendant's age, sex, family environment, and social relationship, it seems that the disclosure and notification order can be achieved compared to the disadvantage and anticipated side effects that the defendant would suffer, which can be achieved by the disclosure and notification order, will be relatively less.