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(영문) 의정부지방법원 2016.04.21 2015고합353
아동ㆍ청소년의성보호에관한법률위반(강간)
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

At around 01:00 on September 30, 2015, the Defendant took care of the victim E (here, 15 years of age)’s her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s her son’s son’s son’s son’s her son’s son’s son’s her son’

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness D and E;

1. Entry of the defendant in part in the first trial record;

1. Each police statement made to D or E;

1. Investigation reports and investigation reports (to record and investigate by telephone);

1. Application of the photographic Acts and subordinate statutes;

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. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The effect of re-offending can be expected to a certain extent only with the fact that the accused has no record of punishment for committing a sexual crime, the registration of personal information of the accused, and the lectures in treatment of sexual assault, of Article 49 (1) (proviso) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an order of disclosure and notification;

In full view of the Defendant’s age, family environment, social ties, benefits and preventive effects expected by an order of disclosure or notification, and disadvantages and side effects arising therefrom.

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