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(영문) 의정부지방법원 2017.07.06 2017고합156
아동ㆍ청소년의성보호에관한법률위반(준유사성행위)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On April 1, 2017, from around 05:30 to 06:20, the Defendant discovered the victim E (n, 14 years of age) who is mixed in Council city C, and moved to the wall to the wall of the victim by taking account of the surrounding surroundings, and then confirmed that there is no awareness of the damage caused by the victim, the Defendant confirmed that there is no awareness of the damage, after drawing up the victim's hand, put the hand into the victim's clothes, cut the brus of the victim's chest, cut down the victim's breasts several times, added the victim's fingers into the victim's clothes, added the victim's sexual organ into the victim's sexual organ, added the victim's sexual organ into the victim's entrance.

As a result, the Defendant committed an act of inserting a child or youth into the victim's mouth by taking advantage of the victim's in a state of impossibility of resisting.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, A, and F;

1. 12Notification to the reporting department, each investigation report, reports on the results of field identification, gene analysis, requests for comparison and response to requests for appraisal; and

1. Stenographic records and applications;

1. A receipt used by the person against whom the contract is made, a suspect's setting on the scene of preparation, a certificate of easy value of sea, and a detailed list of world values;

1. Application of the Acts and subordinate statutes on CDs, such as photographs, on-site CCTV files, etc., on-site photographs, and video recording CDs written by victims;

1. Article 7 (4) and (2) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. In full view of the following: (a) proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (b) proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, environment, social ties, criminal records, and the risk of recidivism; (c) details and developments leading to the instant crime; (d) the benefits and preventive effects expected by the instant disclosure order or notification order; and (e) disadvantages and side effects therefrom.

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