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(영문) 의정부지방법원 2018.07.06 2018고합142

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

1. On February 12, 2018, around 15:20, the Defendant used the victim F’s left side bridge on two occasions by hand on the side of the victim F (one year old), which passed before D middle school located in C in Namyang-si, Namyang-si, 2018.

2. 피고인은 2018. 3. 14. 17:00 경 남양주시 C 앞을 지나가는 E 버스 안에서 버스 맨 뒷좌석에 앉아 있던 피해자 G( 가명, 여, 17세) 의 옆 좌석에 앉아서 손으로 피해자 G의 손을 잡고 혀로 피해자 G의 귀를 핥았다.

Accordingly, the defendant committed an indecent act by force against the victims who are children and juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and G;

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

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes concerning the violation of the Act on the Protection of Juveniles from Sexual Abuse against heavy victims F];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. The main sentence of Article 62 (1) of the Criminal Act (the main sentence of Article 62 (1) of the Criminal Act shall be repeatedly considered for the reason of 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) and the proviso to Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse against Children exempted from disclosure and notification orders (the crime of this case alone) (the crime of this case alone leads to the risk of recidivism or recidivism of sexual assault against the accused;

It is difficult to see it.

In the future, the recidivism crime of sexual assault by the defendant can be effective to some extent only with the registration of personal information of the defendant and the order to attend the lecture for treatment of sexual assault.

I seem to appear.

If so, there is a special reason that the defendant should not disclose or notify personal information.

Since it is judged, it is ordered to disclose and notify the defendant.