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(영문) 대전지방법원 천안지원 2016.11.09 2016고합87
아동ㆍ청소년의성보호에관한법률위반(유사성행위)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant is living in the family of the defendant who is in the family of the victim D (the family name, the E.I.) and in the family of the defendant who is in the Asan City F, with the victim.

From November 2015 to December 2012 of the same year, the Defendant told the victim D (at that time, 5 to 6 years of age) who was capable of enjoying a lock in the above room of the Defendant’s residence, “I am hyd. D. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. k

Summary of Evidence

1. Defendant's legal statement;

1. Statement recording records (D);

1. The police statement concerning G;

1. A certified copy of the removed family, or a suspect;

1. Application of Acts and subordinate statutes to report on investigation (Attachment to specialized child protection agencies);

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. In full view of the following factors: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure order and notification order; (b) 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 fact that there is no criminal record for the defendant; (c) the sentence imposed on the defendant for a considerable period of time; and (d) the registration of personal information; and (e) the completion of sexual assault treatment program, the defendant’s age, occupation, social relationship; (d) the type of the instant crime; and (e) the degree of disadvantage and anticipated side effects of the defendant’s injury due to disclosure order and notification order, the sentencing of the defendant’

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