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(영문) 서울서부지방법원 2018.01.11 2017고합302
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 2017, the Defendant had tried to have sexual intercourse with the victim D (at the age of 15) who had been on the recommendation list of the C-gu Police Officers at the early 2017, with the victim D (at the age of 15) who was walking and approaching the list and exchanged contact.

On May 20, 2017, the Defendant: (a) around 17:20 on May 20, 2017, on the part of the Defendant’s residence located in Mapo-gu Seoul E 301, placed the victim on the bed; (b) placed the victim on the bed; (c) placed the victim on his hand; (d) placed the face; and (e) expressed his intention of refusal, and (e) placed the victim “

"After creating a threatened atmosphere, the defendant's clothes and clothes are frightened by taking the victim's left hand, and the defendant's fingers are demanded to ske his hand, and the defendant's back water is forced to put the defendant's sexual flag in the victim's entrance by force by cutting off his hand, cutting off his hand, and cutting off his face, and refusing to put the victim's chest into the victim's chest.

Accordingly, the Defendant, by force, attempted to put his or her sexual organ into the mouth of children and juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing stenographic records;

1. Article 7 (6), (5), and (2) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom a crime is committed;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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) 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, which is exempted from an order to disclose or notify, are difficult to readily conclude that the defendant is highly likely to repeat a crime by the initial offender, and an order to attend a course and the registration of personal information against the defendant will have the effect of preventing reoffending to a certain extent, and other profits and prevention expected from

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