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(영문) 의정부지방법원 고양지원 2021.03.24 2020고합337

아동ㆍ청소년의성보호에관한법률위반(준유사성행위)

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On July 17, 2020, the Defendant, who became aware of through the Kakao Stockholm open holding room, drinked alcohol from the victim B (V, 15 years old), the victim’s friendship, and from the new wall Kimpo-si Building C, Kimpo-si, Kimpo-si on July 17, 2020, was in charge of drinking the victim’s chest, who was under the influence of alcohol, was under the influence of entering the victim, and included two fingers in the part of the victim’s drinking.

As a result, the defendant committed similar acts to the victim who is a child or juvenile by using his/her mental and physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. A list of seizure (voluntary submission), and a list of seizure, of police statements made to E and B;

1. Report on internal investigation (Evidence Nos. 1, 5, 10) and investigation report (Evidence Nos. 16, 23) 112, the table of reported cases;

1. Application of the Kakao Stockholm Act to the content of conversation;

1. Article 7 (4) and (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act concerning the crime;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing has been repeated for more favorable circumstances);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 17282, May 19, 2020); the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 202) [the sentence of imprisonment with prison labor against the defendant, registration of personal information, orders to attend education for treatment of sexual assault, and orders to restrict employment, which, alone, can prevent recidivism.

In the process of disclosure and notification of personal information of the defendant, there is a risk of exposure to the victim's personal status, and the risk of secondary damage to the victim cannot be ruled out in the process, and other age, occupation, family environment, social relationship of the defendant;