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(영문) 대전지방법원 2017.11.17 2017고합280
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On September 9, 2016, around 01:30, the Defendant: (a) reported the victim F (nor, 17 years of age) who was in a room on the fiveth floor room in Daejeon Jung-gu, Daejeon; (b) took the mind that the Defendant forced the victim to commit an indecent act; (c) put the victim’s chest into the victim’s left hand within the victim’s boundary on five occasions; (d) put the victim’s chest into the victim’s left hand and putting about five parts into the victim’s left hand on five occasions; and (e) compelled the victim to commit an indecent act on the part of the child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the military prosecutor of the defendant;

1. F’s statement recorded in video recording CDs;

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the selection of the relevant criminal facts;

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) 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 punishment for any sexual crime prior to the instant case, and thus, has the risk of recidivism or recidivism of sexual assault against the defendant;

It is difficult to conclude that the effect of preventing recidivism can be limited to the registration of personal information on the defendant and taking lectures in sexual assault treatment.

In light of all circumstances, such as the defendant's age, family environment, social relationship, etc., personal information shall not be disclosed or notified to the defendant, such as the fact that the disclosure or notification order appears to be relatively less than the disadvantage and anticipated side effects that the defendant may suffer.

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