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(영문) 광주지방법원 장흥지원 2018.02.20 2017고합13

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

[criminal record] On September 18, 2014, the Defendant was sentenced to one-year suspended sentence for fraud, etc. in the Gwangju District Court’s interest support, and on October 22, 2015, the period of such suspended sentence was six months after the same court was sentenced to six-month imprisonment due to fraud, etc., and the said judgment became final and conclusive on February 12, 2016, and the sentence of the suspended sentence was invalidated. The period of paroled on December 23, 2016 during the execution of the sentence in the Net Prison was expired on December 23, 2016 and the period of parole passed on February 14, 2017.

[2] On April 20, 2017, at around 02:30, the Defendant, along with the victim E (the age of 16) in Jinjin-gun, Jinjin-gun, Jinjin-gun, was able to take care of the victim E (the age of 16). After being able to take care of the victim, the Defendant, who is a child or juvenile, was able to take care of the victim’s her humf with the victim’s humf, with the victim’s humf, with the victim’s humf, with the victim’s humf, with the victim’s humf., who was mixed with the victim’s humf, with the victim’s humf, with the victim’s humf.

Summary of Evidence

1. E’s statements and records of the statements contained in the statement recorded CDs;

1. A photograph of the Fmerg of a conversation after the closure of the conversation;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, the current status of personal confinement, and investigation reports (report on confirmation of the suspect's aggravation of the period of repeated offense);

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

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

1. Where a conviction becomes final and conclusive on the criminal facts indicated in the judgment to register and submit personal information under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same

Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from disclosure and notification orders.