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(영문) 의정부지방법원 2018.04.27 2018고합35
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On June 14, 2017, from around 08:28 to 08:40 on the same day, the Defendant discovered the victim F (one-five years of age), who is a juvenile, who is located in front of the rear door in the E bus located in the same city D in the Namyang-si apartment located in Namyang-si, Namyang-si, and the same city. On his own hand, the Defendant saw the victim’s sexual intercourse with his finger by maring her her her her her her her her arm's length with his her her her her her arm's length, her her her finger, and her son

As a result, the defendant committed an indecent act against the victim who is a juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable 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) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children exempted from disclosure and notification orders (in light of the background of the crime in this case and the character and conduct of the defendant, there is a risk that the defendant commits sexual assault against many unspecified persons;

It is difficult to see it.

The Defendant has no record of criminal punishment except that sentenced to a fine due to a violation of the Road Traffic Act (unlicensed driving) before committing the instant crime.

In the future, recidivism of sexual crime against the defendant can be effective only with the registration of personal information of the defendant and the lecture order to treat sexual assault.

If so, there is a special reason that the defendant should not disclose or notify personal information.

As such, the reason for sentencing is to exempt the defendant from disclosure and notification order.

1. The scope of applicable sentences: Imprisonment for not less than two years nor more than thirty years;

2. Application of the sentencing criteria [types]: The two types of indecent conduct (indecent conduct, etc. by special force) (indecent conduct, etc. by special force) committed by force (subject to at least 13 years of age): The exercise of tangible force is remarkable.

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