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(영문) 수원지방법원 안산지원 2017.09.15 2017고합219
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 11, 2017, the Defendant found the victim E (the age of 17) who was locked at the members C, 7th floor D on Ansan-si, Ansan-si on July 11, 2017, discovered up the victim E (the age of 17), frying him to commit an indecent act against the victim, and fryed his hand back to the victim, and continued to write up the soup buckbbbbbbbbs, and continued to set up the victim's panty as panty.

Accordingly, the Defendant committed an indecent act by taking advantage of the victim’s non-competence status.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for victims E;

1. Application of Acts and subordinate statutes on investigation reports (including CCTV investigations and photographs attached thereto);

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 299 of the Criminal Act; and Article 7 of the same Act, the choice of imprisonment for a crime;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant does not facilitate communications with Korean language as a foreigner of the People's Republic of China, and it is also difficult to achieve the effects of preventing recidivism of sexual crimes;

Since it appears that there are special circumstances where an order to attend is not issued.

[Determination]

1. The proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the disclosure and notification of registered information) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the disclosure and notification order of registered information) need to be careful and prudent since the disclosure and notification order may have a significant impact on the Defendant; the Defendant has no record of punishment for sexual crimes in the Republic of Korea; the Defendant’s age, family environment, nationality, social relationship; the possibility of the Defendant’s compulsory evacuation from abroad; the details and details of the instant crime; and the details of and details of

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