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(영문) 의정부지방법원 2018.04.26 2017고합333
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

On 27, 2017. 22:3 on 27, 2017. 22:33, the Defendant, within the D convenience store located in Speaker-si, on 2017. 22:3, on the ground that the victim E (V, 16 years of age) was bad, the Defendant’s her son was placed one time her son.

Accordingly, the defendant committed an indecent act against the juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared by E and F;

1. Application of statutes on site photographs;

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) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the disclosure and notification order of the registered information may have a significant impact on the defendant, and thus, the disclosure and notification order of the registered information should be carefully

In light of the Defendant’s age, occupation, social relationship, etc., the Defendant alone could have the effect of preventing recidivism even in the registration of personal information of the Defendant and taking lectures to treat sexual assault.

The decision is judged.

In addition, considering the details and details of the instant crime, the expected side effects of the Defendant’s suffering and expected side effects, and the prevention effect of sexual crimes that could be achieved therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

I think)

Where a conviction becomes final and conclusive on the facts constituting an offense on which a new information is to be registered and to be submitted, the accused shall be a sexual crime.

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