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(영문) 대전지방법원 2018.08.09 2018고합237
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

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

Reasons

Punishment of the crime

1. On April 3, 2018, the Defendant violated the Act on the Protection of Children’s Juveniles from Sexual Abuse (voluntary indecent act) reported on April 16, 2018 that he/she would be a married victim D (in female, name, and age 17) in front of the Jung-gu Daejeon Special Metropolitan City C Borrowing on April 16, 201, and that he/she would be a married victim, and whether he/she is a son;

Where a school attends a school, anywhere;

In the end, “I am the victim’s bucks by hand, I am the Defendant’s sexual organ and show the Defendant’s sexual organ to the victim, and I am the victim’s sexual organ,” and “I am indecently committed an indecent act by force against a juvenile, such as rash.

2. Plastic Defendant obscenity 17:55 on the same day as the above paragraph (1) above 17:20, around F Schlage in Daejeon, Jung-gu, Daejeon, where G (5: 5) et al. reported, set aside his sexual organ.

In other words, a patently obscenity was committed, such as committing an act of perjury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. G self-statements;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 7(3) of the Act on the Protection of Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 245 of the Criminal Act (the point where a child is forced to commit an indecent act, the choice of imprisonment), and Article 245 of the Criminal Act (the point of public performance and obscenity, and the choice of imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated as provided for in the Act on the Protection of Juveniles from Sexual Abuse, to the extent that the punishment is aggregated with the long-term punishment of two crimes, which is heavier than the punishment;

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

1. The exemption from disclosure order and notification order under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the disclosure and notification order of personal information) requires careful caution as it may have a significant impact on the Defendant. In light of the fact that the Defendant has no history of sex offense, the Defendant’s age, living environment, medical history, etc.

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