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(영문) 춘천지방법원 강릉지원 2017.05.25 2017고합19
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
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 February 28, 2017, the Defendant: (a) at the events set up at C Maduk-ro, C, C, which was around 10:40 on February 28, 2017; (b) the victim D (the 15-year-old age), coming from the raduk-ro around that time, she shicked with the Defendant’s eye.

"A person who has a defect in his/her personnel affairs shall sit on the left side of the defendant, and a person who has a left hand in his/her own hand shall not tightly cover the shoulder of the victim, and "a person who has a bad thing."

“” and the victim’s right bucked two times at the victim’s right-hand cream.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A criminal investigation report (report on the arrival of the victim's appearance), photograph, CD, and investigative report (report on the hearing of the victim's statements);

1. Application of statutes on site photographs;

1. Article 7 (5) and (3) of the Act on the Protection of Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 7 of the Criminal Act, the selection of a sentence for a crime, and the selection of a sentence for imprisonment;

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;

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

1. In full view of the following circumstances: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) thereof (the Defendant’s age, social relation, motive and degree of crime, existence of the same kind of power, risk of recidivism; (b) the degree of disadvantage and anticipated side effects of the Defendant due to disclosure or notification order; and (c) the result of comparative comparison and balancing between the effects of sexual crimes subject to registration and expected profits, the disclosure of Defendant’s personal information may not be disclosed.

It is reasonable to see the reason for sentencing)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. The scope of the recommended punishment according to the sentencing criteria [the types of sex offenses] shall be general standards;

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