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(영문) 대전지방법원 천안지원 2018.07.18 2018고합84

아동ㆍ청소년의성보호에관한법률위반(강제추행)

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 March 14, 2018, the Defendant entered school uniforms in the DPC room located in Asia-si, Asan-si, around 18:00

After the lapse of time, the victim E(one, the 17 years of age) reported the whole of the victims E(one, the 17 years of age), and the victim's her her her her her her her her her her her her her her her her her her

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

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) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49 (1), the proviso to Article 50 (1), and the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an order to disclose information, an order to notify, and an order to restrict employment, can expect the effect of preventing recidivism to a certain extent only with no record of punishment for any sexual crime, and only taking lectures in registering personal information and taking lectures in treating sexual assault;

I seem to appear.

In addition, considering other circumstances such as the defendant's age, family environment, background of the crime in this case, disclosure and notification order, and employment restriction order, adverse effects and expected side effects of the defendant's suffering, benefits expected therefrom, and effects of the prevention of sexual crimes, there are special circumstances in which the defendant's personal information shall not be disclosed or notified and special circumstances that the defendant's personal information shall not be ordered to be restricted.

The reason for sentencing

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. Crimes of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (any type of decisions) within the scope of the punishment recommended according to the sentencing guidelines, shall be general standards;