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(영문) 수원지방법원 2018.04.05 2018고합38

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

around 13:30 on October 29, 2017, the Defendant: (a) at a private teaching institute operated by the Defendant in Ma, the Defendant: (b) was the victim E (the 17-year-old) who is a student of a driving school; and (c) was the victim after completing the 1:1 course; and (b) was the victim’s knee, seated above the Defendant’s knee, and her chest was kneed one time by hand; and (c) committed an indecent act by force against the juvenile of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act (the following sentencing shall be considered in consideration of the circumstances favorable to the defendant, among the crimes committed) of the mitigated amount;

1. Article 62 (1) of the Criminal Act (The following sentencing shall be considered in favor of the accused during the period of suspension of execution):

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

1. It can be effective to prevent re-offending even with the fact that the defendant has no record of criminal punishment for the same crime, the registration of personal information of the defendant, and taking lectures to treat sexual assault against him/her, as well as to prevent recidivism of the child exempted from disclosure orders and notification orders;

In full view of the Defendant’s age, the type and motive of the instant crime, the process of the instant crime, the seriousness of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, and the preventive effects of the instant crime subject to registration that may be achieved therefrom, there are special circumstances that may not disclose or notify the Defendant’s personal information.

In a case where a conviction is finalized on the facts constituting the crime on which the personal information is registered, the defendant constitutes 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 thus, personal information is provided to the competent agency pursuant to Article 43 of