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(영문) 의정부지방법원 2017.07.20 2017고합186
아동ㆍ청소년의성보호에관한법률위반(유사성행위)
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

The defendant is a person who lives together with the victim in a de facto marital relationship with D who is a father of the victim C (nive, 15 years of age).

On February 5, 2017, at around 18:30 on February 5, 2017, the Defendant drinking alcohol at the Defendant’s house located in Gangwon Iron-gun E and 201, carried the victim’s room, and became aware of the victim by getting the victim’s room. The Defendant sought from the victim the phrase “I am to another room”, “I am to this other room”, “I am to this end, I am well at this end, I am to walk the victim’s chest, and am to the victim’s breast by getting the victim’s walk to walk. I am to the other chest, and am to the part of the victim’s drinking.

Accordingly, the defendant, by force, committed an act of inserting the fingers of a child or juvenile victim's sexual intercourse.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. 112 Reported case lists, respective internal investigation reports, and investigation reports; and

1. On-site photographs and field map;

1. Application of each video recording CD-related statute;

1. Article 7 (5) and (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom a crime is committed;

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 among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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 Defendant’s age, occupation, family environment, social ties, risk of repeating a crime, other benefits and effects expected by an order to disclose or notify the information of this case, and the disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified, taking into account the following circumstances:

As to the facts charged in the judgment on the registration of new commercial information.

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