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(영문) 수원지방법원 2017.02.02 2016고합682
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

Criminal facts

The defendant is the head of the Haa Private Teaching Institute, and the victim C (V, 17 years old) is a student who has been employed at a place and has distributed a leaflet.

On July 20, 2016, the Defendant: (a) kid the victim from the building of the Hascong-gu, Suwon-si, Suwon-si, D, with the victim, she kid the victim from the 7th floor to the 1st floor; (b) kid the victim from the 7th floor of the elevator; and (c) kid the kids and kids on the c

As a result, the defendant committed an indecent act against the victim who is a juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The 112 Report, the Rotterdam Management Register (C);

1. Application of Acts and subordinate statutes to data by cutting down the contents of conversation C and friendlys E;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

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 in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the aforementioned normal consideration);

1. A person who is finally and conclusively convicted of a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Juveniles against Sexual Abuse by a child who has registered personal information under the main sentence of Article 21(2) of the Act on the Protection of Juveniles against Sexual Abuse is 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 the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the Act on Special Cases concerning the Punishment, etc.

There are special circumstances in which personal information shall not be disclosed, as provided for in the exception of disclosure order and disclosure order and notification order.

In the case of judgment, whether the defendant constitutes "a crime" is a defendant's entry due to the nature of the offender, such as the defendant's age, occupation, risk of recidivism, etc., the type, motive, process, result, seriousness of the crime, etc., and the disclosure order or notification order.

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