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(영문) 춘천지방법원 영월지원 2021.01.28 2020고합32

아동ㆍ청소년의성보호에관한법률위반(준유사성행위)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant was the introduction of the branch B, and it was between the victim C (n, 16 years of age) and the first aware at the time of the instant case.

From around 00:00 on May 12, 2020, the Defendant divided the drinking with the victim, B, and E in the Gangwon-gun D’s mouth room located in Gangseo-gun D, Gangwon-gu. On the same day, around 05:00 on the same day, the Defendant saw that the victim was divingd with the drinking while drinking on the part of the victim, the Defendant was able to commit the crime by using it, and she was frightd with the victim’s chest back from the side of the victim, and her fingerd with the victim’s finger, and her fingerd with the victim’s finger on several occasions on the part of the victim’s sexual organ.

As a result, the defendant committed similar acts to the victim who is a child or juvenile by using the victim's mental or physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Stenographic records of the defendant's statement C;

1. Application of statutes on the details of on-site medication, on-site pictures, and Messenger communications;

1. Article 7 (4) and (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act concerning 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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); (b) there is no record of punishment for a sex offense by the Defendant; and (c) there is a criminal tendency against many and unspecified persons in light of the circumstances of the instant crime.

It is difficult to conclude that the order to register personal information of the defendant and attend a lecture for treatment of sexual assault can have the effect of preventing recidivism.

In addition, the argument in this case is seen.