beta
(영문) 서울북부지방법원 2020.01.10 2019고합366

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On September 22, 2019, at around 18:15, the Defendant discovered the victim C (the name, the age of 15) who was seated in the event at the bus stops in front of the Jung-gu Seoul Metropolitan Government B apartment, and opened a 10,000 won letter on the part of the victim that the Defendant would be able to use the money to the victim by standing in the side of the victim, and opened the 15,000 won letter on the part of the victim with the victim's own hand, and continued to hold the victim's 50,000 won in each buck paper.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement made by the police to C (tentative name, hereinafter the same shall apply);

1. C’s statement;

1. Reporting on the occurrence of a crime, reporting on an investigation (any private CCTV investigation at the scene of the crime), and the application of Chapter VIII photograph of the scene of the crime;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the choice of imprisonment with labor for the crime;

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

1. Although the Defendant was sentenced to a fine for public performance and obscenity around 2012 under 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, the instant crime was committed after a considerable period of time, and it is difficult to readily conclude that the Defendant committed the instant crime, and it appears that the Defendant could have an effect of preventing recidivism to a certain degree solely on the registration of personal information and the completion of sexual assault treatment programs, and it appears that the Defendant’s age, environment, social relationship, disclosure or notification order may be expected to have an effect of preventing recidivism. In addition, it is possible to achieve the degree of disadvantage and anticipated side effects caused by the Defendant’s age, environment, social relationship, disclosure or notification