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(영문) 의정부지방법원 2017.04.20 2016고합221
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 20:00 on August 31, 2015, the Defendant committed an indecent act against the victim’s will against the victim’s will, by doping that the victim D (the age of 15) who was known at the C Apartment apartment playground was designated as school violence perpetrator, and was subjected to the police investigation, and that the victim would be above the victim, while communicating with the victim, the Defendant forced the victim to commit an indecent act against the victim’s will.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the selection of the relevant criminal facts;

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. The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (excluding the crime of this case, the defendant has no record of punishment for any sexual crime except for the crime of this case, and thus, is in danger of recidivism or recidivism of sexual assault;

It is difficult to readily conclude that the registration of personal information and the completion of a sexual assault treatment program can have the effect to prevent recidivism by the defendant.

In addition, in full view of the benefits and prevention effects expected by the disclosure order or notification order of this case, and the disadvantages and side effects resulting therefrom, there are special circumstances in which the personal information of the defendant may not be disclosed or notified.

If a conviction becomes final and conclusive on the criminal facts stated in the ruling to register new information and submit them, the defendant is personal information in accordance with Article 42 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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