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(영문) 창원지방법원 진주지원 2016.08.11 2016고합48

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

피고인은 2016. 3. 8. 20:08 경 사천시 D 빌딩 앞 교차로에서 학교를 마치고 귀가하던 청소년인 피해자 E( 가명, 여, 16세 )를 보고는 욕정을 일으켜, 피해자의 뒤를 쫓던 중 피해 자가 인적이 드문 F 골목길에 들어서자 갑자기 뒤에서 피해자를 벽 쪽으로 밀어붙이고 오른팔로 피해자의 목을 감아 반항하지 못하게 한 후 왼손으로 피해자의 가슴 부위를 수회 만지고 피고인의 성기를 피해 자의 엉덩이 부위에 옷 위로 수회 비볐다.

As a result, the defendant committed an indecent act against the juvenile victim by assault.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each internal investigation report (with respect to attachment of victim photographs, with respect to attachment of victim photographs, the investigation of the victim's moving bus line and the moving bus line of the suspected victim, with respect to the investigation of the suspected victim's moving bus line and the suspected victim's moving bus, the investigation report (in relation to attachment of victim photographs and clothes suffered at the time of the suspected victim) and investigation report (in relation to attachment of victim photographs, the image of the victim's vehicle and the victim's clothes taken);

1. Application of on-site CCTV CD-related statutes;

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 the selection of the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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, exempted from the disclosure order and notification order, [the Defendant] did not have any history of criminal punishment for sexual crimes before committing the instant crime, and committed the instant crime only once.

It is expected that the effect of preventing recidivism can be expected even if only the registration of personal information and the completion of sexual assault treatment programs can be prevented.

I seem to appear.

In addition, the defendant's age, occupation, family environment, social relationship, background of the crime of this case, and the disclosure order or notification order of this case.