beta
(영문) 수원지방법원 평택지원 2017.07.07 2017고합65

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

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 May 6, 2017, the Defendant passed D in Pyeongtaek-si C on May 6, 2017, 2017, and the Defendant 5 square meters from the fifth square train of the EM trains, which had been seated in the subway, was able to write off the losses on the bucks of the victim to F (the age of 14).

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. Statement of the police statement related to G;

1. Each statement of F, H and I;

1. Application of statutes on site photographs;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

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

1. It is reasonable to have the effect of preventing re-offending by ordering the accused to attend a lecture for sexual assault treatment, as well as the effect of preventing re-offending, 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 (the accused does not have the same criminal record, and the accused is given a lecture for

In full view of the Defendant’s age, occupation, social relation, background leading up to the instant crime, details of the instant crime, and other various circumstances, such as benefits and preventive effects expected by the instant disclosure order or disclosure order, and disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

In the event that a conviction is finalized against a defendant who has registered new information, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. The scope of punishment by law: Imprisonment with prison labor for one year to 15 years; and

2. The scope of recommendations according to the sentencing guidelines (a type of decisions).