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(영문) 서울북부지방법원 2018.04.27 2017고합524
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

On October 19, 2017, the Defendant, around 22:25, 2017, moved to the U.S. station located in Seongbuk-gu Seoul Metropolitan Government, knee-knee-knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne

In the end, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. A copy of the written statement prepared B;

1. A written statement prepared by C;

1. Application of the statutes governing stenographic records or video recorded CDs;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment for the crime;

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

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

1. In full view of various circumstances such as the circumstances before and after the crime, Defendant’s age, sex, family environment, social relationship, risk of repeating a crime, effect on disclosure and notification order, disadvantages and side effects, etc., the disclosure or notification of Defendant’s personal information may not be disclosed or notified, taking account of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children against Sexual Abuse (the Defendant has no history of a sex offense; and (c) the extent of the indecent act in this case is relatively minor; and (d) Articles 50(1) proviso

In a case where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, the Defendant is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. Therefore, the Defendant is subject to registration of personal information pursuant to Article 43 of the same Act.

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