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(영문) 제주지방법원 2018.01.25 2017고합157
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The Defendant, from around 2010 to 2010, was a person who had sing in the sexual family with the “D church” child father at the time of Seopoposing, and the victim E (the age of 12) was a second grade at an elementary school.

From the point of 2012, the above church children's father had sing from the defendant.

At around 11:50 on March 19, 2017, the Defendant: (a) reported a victim who was seated and was seated in a computer room located at the F Children’s Center located in the front church; (b) made the victim sit in his/her seat and let him/her enter his/her seat; and (c) made the victim sit in his/her seat, as he/she am kne as he/she am kne, she sks off the part of the victim with his/her hand kne; (d) she skhs off the part of the victim’s chest, she skhs off the part of the victim’s chest with his/her hand, and she committed an indecent act by force by force against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records (victim E);

1. Application of Acts and subordinate statutes to investigation reports (Attachment, etc. of site photographs of the case);

1. Relevant Article 7 (5) and (3) of the Act on the Protection of Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning the crime committed by a child who is selected to be punished;

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 Juveniles against Sexual Abuse [the defendant has no record of punishment for any sexual crime before the crime of this case, the registration of personal information, and taking lectures in treatment of sexual assault can have the effect of preventing recidivism by the defendant, even though the defendant has no record of being punished for any sexual crime before the crime of this case;

In full view of the circumstances revealed in the records, such as the defendant's age, occupation, career, family relation, details and circumstances of the crime of this case, benefits and preventive effects expected by the disclosure order or notification order to the defendant, and disadvantages and side effects resulting therefrom.

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