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(영문) 청주지방법원 2016.11.11 2016고합189

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

At around 15:45 on June 13, 2016, the Defendant: (a) completed the course of study in front of the Chungcheongnamcheon-gun, Chungcheongnamcheon-gun, Chungcheongnamcheon-gun, and (b) completed the course of study to the victim D (the 15-year old-old) who returned home, and (c) sent the Defendant’s shoulder to the victim, and (d) stated that the Defendant’s lock up to the chest, “ given the country, issued the country, and issued the country.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to D;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. In light of the fact that the disclosure and notification of personal information against the Defendant under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is likely to cause secondary damage to the victim during the process of disclosure and notification of personal information of the Defendant, the circumstances leading to the instant crime and the circumstances after the instant crime were committed, the mere fact that the Defendant committed the instant crime alone is likely to cause sexual assault and recidivism.

It is difficult to deem that there is a need to impose a disposition of disclosure or notification order that may significantly affect the defendant's rehabilitation into the society, and the registration of personal information of the defendant and the order to provide community service orders for probation can expect the effectiveness of recidivism to a certain extent, and other benefits and effects expected from the defendant's age, family environment, social relationship, disclosure or notification order, and disadvantages and disadvantages incurred therefrom.