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(영문) 광주지방법원 목포지원 2017.11.23 2017고합101
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
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

On June 25, 2017, at around 16:00, the Defendant, at the Defendant’s house in Yong-gun C, had a dancing with the victim D (the age of 16), who was under the influence of alcohol and sited in a change state without food.

As a result, the defendant committed an indecent act against the victim by taking advantage of the victim's mental or physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, E, F, and G;

1. A statement made by the victim and a record of the statement recorded in the video CD (the victim's statement No. 1 time);

1. A survey report (CC-TV analysis content);

1. A receipt that a person who has purchased alcohol, scrap, etc.;

1. Application of Acts and subordinate statutes, 19 Chapters 19 of field photographs (14 pages of investigation records),CC-TV closure photographs (232 pages of investigation records), 45 pages (232 pages of investigation records), and six copies of video and photographic images stored in a cell phone E from a witness E (26 pages of investigation records).

1. Relevant Article 7 (4) and (3) of the Act on the Protection of Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning facts constituting the crime;

1. Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances deemed to be the grounds for sentencing) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances considered as the reasons for sentencing);

1. Where a conviction of a criminal fact indicated in the judgment on the registration of personal information of a child under Article 21(2) of the Act on the Protection of Juveniles against Sexual Abuse becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the competent agency pursuant to Article 4

The details of the instant crime exempted from the disclosure order and notification order, the age of the accused, sex, environment, criminal records, the risk of recidivism, and other various circumstances, such as the sex crime prevention effect expected by the disclosure order and notification order, and the disadvantage and anticipated side effects of the accused.

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