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(영문) 청주지방법원 충주지원 2016.02.18 2015고합56
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The Defendant, while operating the phrase “G” in the Chungcheongnam-gu Audio Group F, committed an indecent act on November 5, 2015 by: (a) the victim H (n, 12 years of age) going to nearby elementary schools on November 12:0, 201; (b) the victim H (n, 12 years of age) was able to force the victim to commit an indecent act; (c) the victim’s knife by hand with the victim’s knife’s hand; and (d) knife the victim’s knife with his knife, knife the victim’s knife; and (d) the victim’s k

Summary of Evidence

1. Statement by the defendant in court;

1. Application of video recording CD-related Acts and subordinate statutes;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

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

1. The Defendant exempted from disclosure order and notification order has no record of committing a sex crime in the past, the Defendant recognized all of the instant crimes and reflects them, and the circumstance indicated in the background or record of the instant crime is likely to have a habit of committing a sexual assault crime or to recommit a sexual assault crime.

In light of the fact that it is difficult to readily conclude, the effectiveness of preventing sexual crimes expected to be disclosed or notified to the Defendant by disclosing or notifying information on the Defendant, the disadvantages and expected side effects of the Defendant, etc., there are special circumstances under which the Defendant shall not disclose or notify personal information under the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse.

Since it is judged, disclosure order and notification order are not imposed.

The judgment of conviction against the defendant on the criminal facts in the judgment that is a sex offense subject to the registration of personal information.

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