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(영문) 서울중앙지방법원 2018.01.12 2017고합1213
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
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

On May 6, 2017, the Defendant: (a) discovered the victim E (one, the 17th age), who was a juvenile under the influence of alcohol, and sited on the victim’s left hand, opened several times to the victim’s her free hand; (b) cut the victim’s her hurf and her hurf; (c) opened the victim’s hurf with his/her left hand; and (d) opened the victim’s hurf with his/her left hand.

Accordingly, the defendant committed an indecent act against the juvenile by taking advantage of the victim's mental or physical loss or the impossibility of resisting.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Application of the Acts and subordinate statutes to photographs (F given and received by the person himself/herself with his/her female immediately after committing the crime), CDs (related images and photographs of the case);

1. Relevant Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning the facts constituting an offense;

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 criminal punishment for any sexual crime before committing the crime in this case, and thus, is likely to cause recidivism or recidivism of sexual assault against the defendant;

In light of the fact that it is difficult to see, the fact that social ties are clear, the fact that personal information of the defendant is registered, and the participation in sexual assault treatment can have the effect of preventing recidivism to some extent.

The disclosure order or notification order can be achieved due to the disadvantage and anticipated side effects of the defendant.

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