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(영문) 서울서부지방법원 2018.12.06 2018고합194

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 May 2, 2018, at around 21:47, the Defendant: (a) reported the side of the victim’s victim F (n, 16 years of age) who is a part-time youth son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a investigative report (report on the closure ofCCTV screen).

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 21 (2) and Article 21 (4) 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, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant has no criminal record identical to the defendant; (b) the crime in this case is not committed against an unspecified victim; (c) the sentence of imprisonment to the defendant; (d) the registration of personal information; and (e) the order to attend a sexual assault treatment program; and (e) the defendant’s age, environment, social relationship; (e) the risk of repeating the crime in this case; (b) the characteristics of the crime in this case; (c) the characteristics of the crime in this case; and (d) the effect of preventing sexual crimes that may be achieved by the disclosure order or notification

[Determination]

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), the former Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 1500, Mar. 13, 2018).