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(영문) 수원지방법원 안산지원 2017.06.09 2017고합74

아동ㆍ청소년의성보호에관한법률위반(장애인추행)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is a person who has served as a medical care and protection physician at the "D Hospital" located in Ansan-si, Seoul.

At around 14:05 on February 7, 2017, the Defendant rendered a bath to the victim E (one-year age 15) who is a disabled person of the second degree of intellectual disability in the course of being hospitalized, and sited to the female toilet partitions, knee and knee the victim, knee the victim, and knife him/her into the victim's clothes, and knife the victim's chest, and knife the victim's chest, and knife the victim's chest, and knife the victim's chest.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Application of Acts and subordinate statutes on hospital CCTV image data;

1. Article 8 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment therefor;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 21 (4) and the main sentence of Article 21 (2) 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 (the disclosure and notification of registered information to the public requires careful caution as it may have a significant impact on the defendant, and the defendant’s age, family environment, social relationship, etc. can prevent recidivism even by taking part in the registration of personal information of the defendant and taking lectures to treat sexual assault against him/her;

In full view of the facts and circumstances revealed in the records, such as the contents and circumstances of the instant crime, the disadvantages and expected side effects to be suffered by the Defendant due to the disclosure notification order, and the prevention effect of sexual crimes that can be achieved thereby, there are special circumstances in which the personal information of the Defendant may not be disclosed or notified.

The reason for sentencing

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing criteria (types).