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(영문) 청주지방법원 2018.05.18 2018고합34

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 00:20 on October 9, 2017, the Defendant discovered that the victim F. (a., the name of the victim, the 17 years old) employed by the Aarba in front of the 'E' restaurant operated by the D Defendant in Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si was mixed after leaving the her house, and that the Defendant f. (a., the 17 years old) was able to walk the victim, followed the victim on the top of the GVS car size operated by the Defendant, sees the victim's hand, sees the victim's hand, takes the victim's hand, sees the victim's heada, and snicks, takes the victim's body back to the first direction, lets the victim's body back in the direction of lighting, and continuously put the victim's finger part into the victim's body into the victim's bread part, and put it into the victim's bread part three times through drinking.

As a result, the defendant committed an indecent act against the victim who is a juvenile.

Summary of Evidence

Application of Acts and subordinate statutes to the victim's statement and stenographic records recorded in the Defendant's legal statement video CD (the content of the message sent by the Defendant to the victim)

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

2. 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).

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

4. A child exempted from an order of disclosure or notification may have the effect of preventing re-offending even with the fact that the defendant has no record of punishment for a sexual crime, the registration of personal information of the defendant, and the completion of a sexual assault treatment program, under the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse (hereinafter referred to

In addition, considering the defendant's age, occupation, family environment, social relationship, method and result of the crime, preventive effect expected by the disclosure order or notification order, disadvantage and anticipated side effects of the defendant's entry, protection effect of the victim, etc., the personal information of the defendant should be comprehensively considered.