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(영문) 서울남부지방법원 2016.03.25 2015고합551
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

At around 16:50 on September 15, 2015, the Defendant came to know through Internet games at D 4 heading in Seoul Special Metropolitan City, Nowon-gu, the Defendant committed indecent act against the victim E (the age of 18) by inserting the body of the victim, inserting the body of the victim into the hands of the victim, cutting the body of the victim into the hands, cutting it back as soon as possible, putting two fingers into the hands of the victim, putting it into three times in the part of the victim’s sexual intercourse, after taking her will and panty, and cutting down two fingers into the part of the victim’s sexual intercourse. Accordingly, the Defendant, by force, committed indecent act against the victim by inserting the victim’s sexual fingers.

Summary of Evidence

1. Statement by the defendant in the court room among the first trial records;

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

1. Relevant Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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 (the disclosure and notification order of registered information may have a significant impact on the Defendant) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the disclosure and notification order of registered information), and the following circumstances acknowledged in the record are as follows: (a) sexual assault crime of this case is not an offense against many and unspecified persons; (b) the initial offender is the first offender; (c) the Defendant’s personal information registration; and (d) sexual assault treatment program participation are anticipated to have an effect to prevent recidivism; and (e) there are special circumstances under which the Defendant may not disclose his/her personal information.

The reason for sentencing

1. The two types of crimes of forced indecent conduct (subject to at least 13 years of age) are the scope of the recommended sentence according to the standard table of sentencing [the scope of the recommended sentence].

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