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(영문) 수원지방법원 평택지원 2016.11.30 2016고합127
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 15, 2016, the Defendant: (a) around 02:30 on October 15, 2016, to the victim E (here, 16 years of age) who was divingd in the D waters room located in Pyeongtaek-si in Gyeonggi-si, and confirmed that the victim was deeply divingd, the Defendant she hicked the victim by both arms, pushed off the body of the victim by cutting off the body of the victim, collected the left hand into the part of the victim; (b) cut down the victim’s chest by cutting down the victim’s chest; and (c) continued to put the left hand into the part of the west.

Accordingly, the defendant committed indecent acts against the victim who is a child or juvenile by taking advantage of the state of difficulty to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

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

1. Where a conviction against a defendant who has registered personal information becomes final and conclusive, taking into account the following: (a) the proviso to Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Children and Juveniles against Sexual Abuse (the fact that the defendant is not a person subject to registration of personal information for a specific number of persons; (b) the defendant has no same criminal record; (c) the defendant's age, occupation, social relationship; (d) the circumstances leading to the crime of this case; (e) the circumstances leading to the crime of this case and the details of the crime; and (e) the degree of disadvantage and anticipated side effects of the defendant due to the disclosure or notification order of this case; and (e) the comparative balancing between the expected side effects of the sexual crime subject to registration and the expected profits thereof, the defendant is obligated to submit personal information to the competent authority pursuant to Article 42(1) of the same Act.

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