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(영문) 수원지방법원 여주지원 2017.01.26 2016고합108
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

As an instructor of a English private teaching institute, the defendant provided extra-school lessons to the victim D (one year old, 14 years old) who is a middle student in Echeon-si apartment C, 303, 203, and 203, a defendant's house.

On November 12, 2016, the Defendant reported the victim who was trying to return home after going outside the house of the above defendant, and brought the victim's body into the victim's body at his/her own seat with the defendant's hand. On November 12, 2016, the Defendant committed an indecent act by force against the victim who is a child or juvenile by dancing with the victim's body in such a way that he/she is under the influence of alcohol and is under the shoulder.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with D (victim-a provisional name);

1. Application of Acts and subordinate statutes to investigation reports (to submit voice files);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act (Selection of Imprisonment) concerning the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing).

1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be made repeatedly for 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) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the primary offender is the defendant; the details and attitudes of the instant crime; the relationship with the victim, etc., of the child exempted from the disclosure order and notification order, there is a criminal tendency against many unspecified victims against the defendant;

It is difficult to readily conclude that in this case, only the registration of personal information and participation in the lecture of sexual assault treatment can prevent recidivism by the defendant to a certain extent.

The Defendant’s age, occupation, details and result of the instant crime, the disclosure order or notification order of this case, as well as the degree and expected side effects of the Defendant’s disadvantage, and the prevention effect of sexual crimes that may be achieved therefrom.

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