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(영문) 서울중앙지방법원 2017.10.20 2017고합725
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

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

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On January 26, 2017, around 14:38, 2017, the Defendant used the first floor of the D church building D church building in Gwanak-gu in Seoul Special Metropolitan City, and started from the victim E (V, 8 years old at that time) in the children's toilets, and reported whether the Defendant "where the electric lights turn out."

The victim sees the word "," and sees the direction of the cleaning tool in the direction of the victim, the victim sees the direction of the cleaning tool after the victim sees the victim's moving back to the direction of the corridor, and the victim saw the victim as both arms from the back of the victim's own side, and the two chests of the victim met and knife the victim's hand.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Stenographic records (E), and the victim's green forest;

1. Application of Acts and subordinate statutes to investigation reports (explosion site confirmation and attachment of photographs), field photographs;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes and Article 298 of the Criminal Act;

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. 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 Children and Juveniles against Sexual Abuse (the defendant has no record of criminal punishment for a sexual crime before, and thus, has a risk of recidivism or recidivism of sexual assault against the defendant;

It is difficult to conclude that the registration of personal information on the defendant and the completion of sexual assault treatment programs can have the effect of preventing recidivism to some extent.

The effects of sexual crimes can be achieved due to the disadvantage and anticipated side effects of the defendant due to the disclosure order or notification order are relatively relatively.

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