beta
(영문) 전주지방법원 2018.11.02 2018고합217

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant 1 was aware of the relationship between Defendant 1 and Defendant 1 as a person who runs the “E” party hall located in Jeonjin-gu Seoul Metropolitan City, and Defendant 1 as a child or juvenile victim F (V, 16 years of age) since 2017.

Between around 02:30 on May 14, 2018 and around 04:50 on May 14, 2018, the Defendant: (a) whether the Defendant was made by calls from the victim to “levering a drink or a single drink;” and (b) carried the Victim’s hand and her hand; (c) whether the Defendant was able to take the Victim’s hand;

It shall be 10,000 won each time at the home, and shall be 100,000 won.

In contrast to the victim’s intent, the victim was forced to commit an indecent act against a child juvenile, such as using sparingly the victim several times against the victim’s will, viewing the victim’s view and suffering from a breath alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records on the F;

1. On-site photographs;

1. Application of Acts and subordinate statutes to voluntary accompanying reports, internal investigation reports (related to attachment of photographs), and each investigation report (Evidence Nos. 7, 9, 10, 12)

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 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 of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children exempted from the disclosure and notification order [the Defendant had been punished as a suspended sentence of imprisonment due to the previous crime of causing rape, but this has been for twenty years and there has been no record of having been punished as a sexual crime, and the Defendant’s age, occupation, family environment, social relationship, etc. can prevent recidivism even by taking part in the registration of personal information of the Defendant and taking part in the treatment of sexual assault against him/her;

an order of disclosure and notification.