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(영문) 인천지방법원 2018.09.14 2017고합573
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is in charge of Cgymnasium in the third floor of the building in the Namdong-gu Incheon Metropolitan City, and the victim D (V, 17 years old) is an official member of the above sports center.

Defendant, within around February 19, 2017, 22:40 on February 19, 2017, shall return to the victim for death.

In spite of the proposal, the victim committed an indecent act against the victim who was a child or juvenile by force, such as lying the victim on the floor, putting him/her on the floor, putting him/her on the breast, leaving his/her breast, and her booming

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. The statement of a victim recorded in video recording CDs;

1. Application of the Acts and subordinate statutes to the contents of letters, the processing of reports, the statement of telephone calls, and the provision of telephone calls;

1. Article 7 (5) and (3) of the Act on the Protection of Juveniles against Sexual Abuse and the Selection of Imprisonment with prison labor for the crime;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 fact that the defendant has no record of punishment for sexual crimes, and that the registration of personal information alone can prevent the defendant from repeating a crime to a certain extent;

In addition, considering the Defendant’s age, occupation, family environment, and social relationship, the details, circumstances, and result of the instant crime, the prevention of sexual assault crimes subject to registration that may be achieved by an order to disclose information, the effect of protection of the victim, and the anticipated side effects on the Defendant’s disadvantage due to an order to disclose information, there are special circumstances that may not disclose the Defendant’s personal information.

I think)

1. Determination as to the assertion of the Defendant and defense counsel under Article 3 and Article 56(1) main text of the Addenda to the Act on the Protection of Children against Sexual Abuse ( January 16, 2018) of the Addenda to the Act on the Protection of Children against Sexual Abuse

1. The Defendant’s summary of the assertion is on February 18, 2017.

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