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(영문) 수원지방법원 2017.02.09 2016고합671
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:00 on November 5, 2016, the Defendant, at the small room of the Defendant’s residence located in the wife population, was living together in the victim’s friended victim C (at the age of 13) who was living together in this place, and took over the victim’s breast in the side of the victim’s hand, and continued to put the victim’s breast back into the brogate, with the victim’s finger hand, and turn out the finger back into the brogate.

As a result, the defendant committed an indecent act against the victim who is a juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. 112 Application of Acts and subordinate statutes to a statement of report;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

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. In full view of the following circumstances: (a) 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 (a) of the Act on the Protection of Juveniles against Sexual Abuse: (b) the Defendant’s age, occupation, family environment and social ties without any criminal history; (c) the details, circumstances, and result of the instant crime; (d) the prevention of sexual assault crimes that may be achieved due to an order to disclose information; (e) the protection effect of the victims; and (e) the degree of disadvantage and anticipated side effects, etc. of the Defendant’s disadvantage due to an order to disclose

If a conviction becomes final and conclusive on the facts constituting the crime in which the personal information is registered, 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 the defendant shall submit personal information to the competent agency pursuant to Article 43 of the same

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