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(영문) 의정부지방법원 2017.11.09 2017고합304
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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

On July 5, 2017, around 02:15, the Defendant committed an indecent act by force against the victim D (V, 15 years of age) who is a juvenile with the number height, around the 203 dong 203 dong c apartment house, by inserting her hand with the victim’s mar in the mar in the mar of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of CCTV-related 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. 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) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (excluding the instant crime, the Defendant has no record of having been punished for any sexual crime, and the Defendant has the risk of recidivism or recidivism of a sexual crime, unlike the instant crime;

It can be said that there is no evidence to determine the person, only by registering personal information, and taking lectures to treat sexual assault, the effect of preventing recidivism by the defendant can be achieved.

In full view of the benefits and preventive effects expected by the instant disclosure order or notification order, and the disadvantages and side effects therefrom, there are other special circumstances in which the Defendant’s personal information may not be disclosed or notified.

In the event that a conviction becomes final and conclusive on the criminal facts stated in the decision to register and submit new information, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. Scope of applicable sentences under law: Two years to thirty years; or

2. The scope of punishment recommended according to the sentencing guidelines [the types of sex offenses].

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