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(영문) 의정부지방법원 2017.06.09 2017고단1307
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On March 3, 2017, the Defendant discovered the victim E (the age of 16) who is waiting for an elevator, discovered the elevator from the victim E (the age of 16) in the Namyang-si, Namyang-si, around 17:40 on March 3, 2017, and then stolen the part of the victim's body.

Accordingly, the defendant committed sexual abuse that causes sexual humiliation to the victim who is a child.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to a report on investigation, a report on internal investigation (or a relative investigation into CCTVs), a report on investigation (to verify CCTV images and related cases), and a report on investigation (to make a statement by a police officer called out);

1. Relevant Article 71 (1) 1-2 and Article 17 subparagraph 2 of the Act on the Place of Child’s Reinstatement for the crime, the selection of punishment for imprisonment with prison labor;

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

1. Considering that Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse causes a considerable sense of sexual humiliation to the aged victim due to the crime of this case, and that the Defendant received a letter of suspicion from the injured party or was not agreed upon, and the Defendant again committed the crime of this case while being punished for the same crime, it is necessary to strictly punish the Defendant.

However, in full view of the following circumstances: (a) the Defendant led to the instant crime; (b) the suspended sentence of imprisonment imposed on the Defendant is invalidated if this judgment becomes final and conclusive; and (c) the Defendant’s age, sexual conduct, the details and motive leading to the instant crime; and the circumstances before and after the instant crime; and (d) the sentencing conditions specified in the records and arguments, such as the circumstances before and after the instant crime

Judgment that is a sex offense against a child or juvenile subject to the obligation to submit personal information.

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