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(영문) 광주지방법원 순천지원 2018.08.30 2018고합104

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

Defendant

On April 17, 2018, the claimant for the observation order to protect the victim (hereinafter referred to as the "defendant") discovered the victim E (the name, the son, the 16-year old age) who was walking at the top of the blick-gun C, and discovered the blickon in front of the blacker-gun C, and had the mind to commit an indecent act against the victim.

The Defendant passed by getting a bicycle on and off the victim, and committed an indecent act by force against the victim who is a child or juvenile, with his/her left hand only one time.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records of the integrated support center for victims of sexual assault;

1. Application of Acts and subordinate statutes to report internal investigation (verification of CCTV images for crime prevention which take the scene of occurrence);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the selection of the relevant criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons 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 Children and Juveniles against Sexual Abuse, exempted from an order to disclose or notify information, ( spite of the fact that the defendant was punished by a fine on one occasion due to an indecent act by force, it can be said that the effect of preventing recidivism can be achieved to a certain extent only by taking lectures on the registration of personal information and on the lectures

I seem to appear.

In addition, when comprehensively considering the defendant's age, environment, degree of risk of recidivism, anticipated side effects of the defendant's disadvantage due to the disclosure and notification order, prevention effects of sexual assault crime that can be achieved therefrom, etc., the defendant's personal information should not be disclosed or notified.

1. The head sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant commits a sex offense against a victim who is a child or juvenile) of the Employment-restricted Order;