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(영문) 서울북부지방법원 2016.05.13 2015고합368
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant is in charge of the D'D' joint driving school located in the Gangnam-gu Seoul Northern District C2.

At around 17:00 on July 7, 2015, the Defendant sent her knee to the victim E (the age nine) who was born at the Magdo Private Teaching Institutes (the age nine) and her knee and kneeed the victim with knee and kneed the victim’s clothes above the victim’s knee and knicked the telegraph, such as the victim’s kne, knebbbbbbb, etc.

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Application of Acts and subordinate statutes concerning the forest to the scene where victims live;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual 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) 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 disclosure and notification order of the registered information may have a significant impact on the defendant, so prudentness is required to do so;

The crime of this case is not a sexual crime against many unspecified persons; the defendant has no criminal record identical to that of the defendant; in this case, the defendant's personal information is registered against the defendant and the sexual assault treatment program is completed to a certain extent that the crime of this case can prevent the recidivism of the defendant

In light of all the circumstances, such as the defendant's age, family environment, social relationship, etc., there are special circumstances that may not disclose and notify the personal information of the defendant, such as the fact that the disclosure and notification order appears to be relatively less than the disadvantages and expected side effects that the defendant may sustain, and that the prevention effects, etc. of sexual crimes can be achieved thereby.

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