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(영문) 수원지방법원 평택지원 2016.11.30 2016고합121
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On November 2, 2015, the Defendant, at around 01:30, 01: (a) and talked with the victim E (n.e., 16 years of age) who was known in front of the D convenience store located in Pyeongtaek-si C; (b) brought the victim back to the lower part of the victim, such as the victim himself, etc.; (c) brought the victim into the lower part of the victim, who was in charge of the victim’s chest, and spawn and span the victim’s chest; and (d) continued to force the victim into the toilets next to the convenience store, and committed an indecent act against the victim by moving the victim to knee.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction against a defendant who has registered personal information becomes final and conclusive, taking into account the following: (a) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Children and Juveniles against Sexual Abuse (the fact that the defendant is not a person subject to registration of personal information for a specific number of persons; (b) the defendant has no same criminal record; (c) the defendant's age, occupation, social relationship; (d) the circumstances leading to the crime in this case; (e) the circumstances leading to the crime in this case; and (e) the degree of disadvantage and anticipated side effects of the defendant due to the disclosure or notification order in this case; and (e) the comparative balancing between the expected side effects of the sexual crime subject to registration and the expected profits thereof, the defendant is obligated to submit personal information to the competent authority pursuant to Article 42(1) of the same Act.

Reasons for sentencing

1. Legal provisions;

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