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(영문) 청주지방법원 제천지원 2017.05.11 2017고합8
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

At around 02:30 on December 2, 2016, the Defendant: (a) set soup “D” in 02:0 on 02:30 on December 2, 2016, at the victim E (n, 12 years old); (b) was diving, and (c) was able to resist, report the fact that the victim E (n, 12 years old) was in an impossible state to resist; and (d) was drinking for the victim to commit an indecent act on the victim’s bridge; and (e) was put in the part below the part of the victim’s bridge.

Accordingly, the defendant committed indecent act against the juvenile victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of a record;

1. A copy of the expert opinion of a child assault case;

1. Application of the statutes on the video-recording and soup CCTV screen for on-site CCTV images;

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

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 (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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) of the Act on the Protection of Children and Juveniles against Sexual Abuse, 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 acknowledges and reflects the crime of this case, the fact that the indecent act of this case is minor, and the fact that the registration of personal information and participation in the instruction to treat sexual assault can be expected to prevent recidivism of the defendant to a certain extent;

Considering other circumstances, such as the Defendant’s age, family environment, social relationship, etc., the disclosure notification order has significant adverse effects on the Defendant’s disadvantage and anticipated side effects, while the effect of preventing sexual crimes and the effect of protecting the victims, etc. which may be achieved by the said order, are deemed to be relatively less. Thus, there are special circumstances in which the disclosure and notification of the Defendant’s personal information may not be disclosed or notified.

I think)

registration of personal information.

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