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(영문) 수원지방법원 2017.10.26 2017고합563
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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

On July 7, 2017, at around 01:0, the Defendant discovered the victim D (one year old) who calls with the school uniform in front of the bus stops located in Suwon-si, Suwon-si, Suwon-si, and followed up by the victim, the Defendant met one time each by the victim’s chest and tur with the victim’s own hand.

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 with respect to D;

1. Application of Acts and subordinate statutes to photographs of the place of occurrence of the case, the 112 reported processing table, the closure of the on-site CCTV image data, and the photograph of the victim raised;

1. Relevant legal provisions and the choice of punishment for the crime: Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);

1. An order to attend a course: The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Disclosure order and exemption from notification order: In full view of the criminal records, family relations, occupation, type of and motive for the instant crime, process of the instant crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the disclosure order or notification order, the preventive effect and effect of the instant sexual crime subject to registration that may be achieved therefrom, the protection effect of the victim, etc., there are special circumstances under which disclosure or notification of the Defendant’s personal information shall not be disclosed or notified;

The reason for sentencing

1. Two years to thirty years from the imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Application of the sentencing criteria [Scope of the recommended punishment] General standards: Type 2 (Indecent conduct, such as forced indecent conduct by blood or intrusion into residence, etc.) concerning the basic area (one to three months from August 1 to April 3): Juvenile indecent conduct (including indecent conduct by deceptive means or force).

3. The crime of this case, which was decided upon sentence, is committed.

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