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(영문) 수원지방법원 2017.10.26 2017고합498

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person with a intellectual disability of the third degree.

On April 17, 2017, the Defendant: (a) around 08:35, around 08:35, 2017, she saw the Victim F (hereinafter, “D”) who she she she she she she she she she she sheed around “D,” and she she she she she sheed about 50 meters of her her her her her her her her her her her her her her her m

Accordingly, the defendant committed an indecent act against a child or juvenile victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to 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 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. Article 21(4) of the Act on the Protection, Observation, etc. of Juveniles from Sexual Abuse, Article 2-3 subparag. 2, Article 44-2 subparag. 1, 2, and Article 44-3 of the Medical Care, Custody, etc. Act (a defendant needs to receive outpatient treatment with alcohol dependence, and the risk of re-offending as a requirement for the treatment order is recognized in light of the purpose and details of the instant crime, etc.);

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

1. In full view of the following circumstances: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, and social relationship with the Defendant; (b) the details, circumstances, and result of the instant crime; (c) the prevention of sexual assault crimes that may be achieved due to the disclosure notification order; and (d) the protection effect of the victims of sexual crimes that may be achieved due to the disclosure notification order; and (e) the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure notification order, there