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(영문) 수원지방법원 안산지원 2018.04.06 2017고합349

아동ㆍ청소년의성보호에관한법률위반(준유사성행위)

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The part of the facts charged was revised to the extent that it does not affect the defendant's defense right.

At around 05:40 on September 1, 2017, the Defendant discovered the victim H (e.g., 17 years old) who was divingd in the bed in the bed zone due to the Magro, and Dad the victim by inserting the Defendant’s hand under the original schema in which the victim was suffering, and met the part of the victim’s panty, putting the victim’s panty into the part of the victim, and putting the victim’s finger into the part of the sound of the victim, and prevented the victim from suffering with another hand while putting the finger in the part of the victim’s to the bed part of the bed.

As a result, the defendant committed an act of putting the victim's fingers into the victim's sexual organ by using the fact that the victim's sexual organ is in an impossible state of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness F in the second public trial record;

1. The statement of H and each police statement of H with respect to H;

1. Application of Acts and subordinate statutes to on-site photographs and genetic emotions;

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) 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 order of registered information may have a significant impact on the defendant; the defendant has no record of punishment for a sex offense; the defendant’s personal information is registered against the defendant and taking lectures in treatment of sexual assault, in light of the defendant’s age, occupation, social relationship, etc.