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(영문) 춘천지방법원 2021.02.16 2020고합151

아동ㆍ청소년의성보호에관한법률위반(준강제추행)

Text

A defendant shall be punished by imprisonment for a term of one year and eight 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

On November 14, 2020, at around 10:00, the Defendant, located in the Incheon Michuhol-gu, Incheon Michuhol-gu, women-friendly zone C, which is the residence of the relative-gu, Incheon Michuhol-gu, Incheon, the Defendant 10:0 on November 14, 202. The Defendant, under the influence of alcohol, Dac to the victim (the age of 18) who was divingd in the living room under the influence of alcohol, put the victim into the victim's hand, taken charge of the victim's worship and the breast part of the victim's chest, and mard with his son.

As a result, the Defendant committed an indecent act on the part of the victim by using the victim's non-refluence status.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the police (list of evidence No. 5);

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

1. Relevant Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. There are special circumstances in which the disclosure or notification of personal information of a child exempted from the disclosure order and notification order is prohibited by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, disclosure and notification of the instant crime, the degree and anticipated side effects of the sex offense subject to registration that may be achieved, the prevention of the sex offense subject to registration, and the effect of the protection of victims, etc., of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 2020), the proviso of Article 49(1) and the proviso of Article 50(1) (amended by Act No. 17282, May 19, 2020)

[Determination]

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Scope of applicable sentences under law: One to fifteen years of imprisonment;

2. The sentencing criteria shall be based on; and