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(영문) 수원지방법원 안산지원 2016.08.19 2016고합105

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On August 23, 2015, the Defendant was aware of around 01:00 that he had known to the general public.

In contact with C, the victim D (n, 16 years of age) where C was living together with C, was able to perform the alcohol by dividing it into two rooms in Sinhh City, E, and then drinking with C in the mutual string room in the above strings of the above strings, and then, the victim went to another guest room in the part of the victim who was suffering from the victim, and she was able to collect his hand on the part of the victim's strings where the victim was suffering, and the chest was just by inserting his hand, and the victim was able to throst by inserting his hand on the part of the victim's strings where the victim was suffering.

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

Summary of Evidence

1. Statement by the defendant in court;

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

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;

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

1. In light of the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse who were exempted from an order to disclose or notify registered information - the accused is likely to recommit a sex crime if he/she considers the confession of the instant crime and reflects his/her mistake, and the accused has no record of punishment for a sex crime;

In addition to the fact that the defendant's personal information should not be disclosed or notified, there is a special reason that the defendant's personal information should not be disclosed or notified.

Since it is determined, it is not subject to an order to disclose and notify registered information.

Reasons for sentencing

1. The scope of applicable sentences under the law: Imprisonment for one year or more.