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(영문) 서울북부지방법원 2017.09.08 2017고합238

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 27, 2017, around 12:30 on February 27, 2017, the Defendant discovered the victim E (the 13-year old age) at D points in Seoul Jung-gu, Seoul, and turned back to the victim, and the left hand of the victim became only the left tur of the victim.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes on video recording photographs in banks;

1. Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning criminal facts;

1. Article 10(2), Article 10(1), and Article 55(1)3 of the Criminal Act to mitigate mental and physical weakness;

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) and Article 21 (4) of the Act on the Protection and Observation of Children and the Protection of Juveniles against Sexual Abuse;

1. In full view of the circumstances such as the background of the instant crime, degree of conduct by the Defendant, age, sexual conduct, social ties, criminal record (no record exists), the risk of recidivism, the effect of disclosure order and notification order, the disadvantages and side effects of the Defendant’s personal information disclosure and notification order, etc., there are special circumstances that may not be disclosed or notified of the Defendant’s personal information.

[Judgment] Grounds for sentencing

1. Imprisonment with prison labor for a period of six months to seven years;

2. Six months to two years from the date of imprisonment with prison labor for the scope of the recommended punishment (the area of special mitigation for reasons that the degree of imprisonment with prison labor and the degree of conduct without the responsibility of the principal is weak).

3. The crime of this case by which the defendant committed an indecent act by the victim, who is a juvenile who does not have any awareness at a bank, was committed by the victim by the victim, and his left her mar, and the crime is not likely to be committed.

A juvenile who is at the age to form a sexual identity due to the instant crime.