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(영문) 의정부지방법원 2016.06.01 2016고합39

아동ㆍ청소년의성보호에관한법률위반(강제추행)

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

On August 20, 2015, around 16:40 on August 20, 2015, the Defendant reported that the victim E (V, 15 years of age) passed in D Park located in Dobong-gu Seoul Metropolitan Government, and that the Defendant “Isle several homicides”.

The home land is still sold.

The term "friendly-gu defect" refers to "the victim's grandchildren were carried by the left hand, the victim's shoulder was broken by the victim, and the victim's chest upper part was cut by the upper part of the victim's breast, and the juvenile's indecent act was committed compulsorily.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (which has grounds to consider the commission of a crime)

1. Article 62(1) of the Criminal Act on the stay of execution (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);

1. Article 21 (3) and (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 (in addition, imposing an order to attend a sexual assault treatment lecture for correcting personality and conduct as the primary offender and an order to attend a sexual assault treatment lecture for correcting character and conduct), and there is a risk that a criminal defendant may recommit a sexual assault crime in light of the following circumstances, as well as

It is difficult to readily conclude that there are other special circumstances in which the disclosure or notification of personal information of the accused should not be disclosed in comparison with the benefits and prevention effects expected by an order to disclose or notify the personal information, and disadvantages and side effects therefrom.

The reason for sentencing is that the crime of this case was committed in a park with the upper part of the victim's chest, etc., which was committed by a juvenile in the park, and the nature of the crime against the unspecified victim in light of the contents of the crime and the method of the crime, etc., and the victim's considerable mental shock.