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(영문) 광주지방법원 순천지원 2017.04.20 2016고합299

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 22, 2016, at around 04:15, the Defendant reported the victim E (name, 16 years of age, female) who is a child or juvenile of his/her married person and accessed the victim, and “at least once” on the street in front of the D convenience store in Gwangju North-gu, Gwangju.

Manasium Hably Libly Libly Libly Libly Libly Libly Libly Libly Libly Libly Libly Libly Libly Libly Libly Libly Libly Libly Libly Lib

Miscellaneous도요.

“Absently, I put the victim’s hand.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes to stenographic records;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (Punishment to suspend a sentence: Fines of 5,00,000, and detention in a workhouse: 100,000 won per day);

1. In full view of the proviso to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant had no criminal record of the same kind, the defendant was given counseling and education for the prevention of sexual assault and sexual traffic separately at the net female human rights support center after the prosecution of this case, volunteer service activities, and the purpose and effect of the order to complete program, etc., there are special circumstances in which the defendant is unable to impose an order to complete program on the defendant

[Determination]

1. Exemption from disclosure order and notification order: 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 (the extent of indecent conduct in this case is significant);

It is difficult to see that the defendant has no record of criminal punishment, and the defendant's age, occupation, environment, family relationship, details and result of the crime, circumstances after the crime, and disclosure and notification order are disadvantageous to the defendant.