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(영문) 창원지방법원 통영지원 2018.04.19 2017고합123
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On August 2, 2017, the Defendant was forced to commit an indecent act by force on the part of the victim’s left chest with the victim’s E (here, 19 years old) behind the D’s sperm in front of the D Park in Tong-gu around 15:00 on August 2, 2017.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. Around August 15, 2017, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) committed a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse at a G event held in Tong-si F on August 19, 2017, following the victim H (Woo, 16, and Ga) who is a child or juvenile, was living alone at the victim’s right chest.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, H (name), I, and J;

1. E’s written petition;

1. 112 Reporting case handling table;

1. A report on internal investigation (specific as a suspect), arrest report on the occurrence of a case, and a report on the investigation;

1. Application of each statute on photographs;

1. Relevant Article 298 of the Criminal Act concerning criminal facts, the choice of punishment, Article 298 of the Criminal Act, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment, respectively;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall be made within the extent that the sum of the long-term punishments of the crimes specified for the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, with heavier punishment, is aggregated);

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose information or an order to notify information, 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 (in such cases, the effect of preventing recidivism may be expected only with the sentence of punishment, the registration of personal information, and the completion of sexual assault treatment programs, to a certain extent;

I seem to appear.

(b) other.

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