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(영문) 의정부지방법원 2016.01.28 2015고합317
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 2, 2015, the Defendant: (a) around 01:20, at the home of the victim D (Woo, 16 years old); (b) at around 01:20, the mother of the victim who was sexually friendly, and the mother of the victim who was living in the middle-gu Seoul Metropolitan Government where the victim was living in the large room; (c) thereby enjoying the victim's chest part of the victim's chest, the Defendant was placed in the part of the victim's chest in order to keep the victim's breast part of the victim's breast part of the victim's breast part of the victim's breast part of the victim's breast part. (d) Even though the victim rejected the victim's hand and rejected it, the Defendant included the victim's son's son and the part of the bridge, etc.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Stenographic records;

1. Application of Acts and subordinate statutes to a report on investigation (related to attaching a detailed statement of processing a report 112);

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 selection of the relevant criminal facts;

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;

1. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In light of 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 Defendant has no record of being punished for any sexual crime, the circumstances leading to the instant crime, and the circumstances after the instant crime, etc., there is a need to impose a disposition, solely on the sole basis that the instant crime was committed, such as an order to disclose or notify that there exists a risk of sexual assault against the Defendant, or that it is necessary to impose a disclosure or notification order that may significantly affect

The defendant's age, family environment, social relationship, profits and preventive effects expected by an order of disclosure or notification, and disadvantages and disadvantages arising therefrom.

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