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(영문) 광주지방법원 2014.09.24 2014고합245
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

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

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

Reasons

Punishment of the crime

Defendant

On March 9, 2014, the person subject to a request to attach an attachment order (hereinafter referred to as "the defendant"), as well as the victim E (Nam, 16 years of age) was located in the DNA line in the operation of the defendant located in Gwangju Northern-gu, Gwangju, and by inserting the victim's sexual organ into the victim's panty, inserting the victim's hand into the victim's panty, spreading the victim's sexual organ into the victim's panty, and raising the victim's panty and panty, thereby making the victim's sexual organ rapidly into the victim's sexual organ and gathering the victim's sexual organ into the victim's body.

Summary of Evidence

Criminal facts in holding

1. Any statement made by the defendant in compliance with this Act;

1. Statement made by the assistant judicial police officer in compliance with the statement of E (victim) prepared;

1. Among on-site photographs, it is possible to recognize them by integrating the images suitable therefor, and there is proof.

Application of 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, which select the relevant criminal facts and punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following circumstances considered favorable to the sentencing);

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

1. It is difficult to readily conclude that the Defendant had no record of criminal punishment due to a sex offense and has committed the instant crime, and that there is a risk of recidivism by deeming that the Defendant had committed the instant crime. This court’s punishment and punishment, registration of the Defendant’s personal information, and orders to complete sexual assault treatment programs against the Defendant alone seems to have the effect of preventing the Defendant’s recidivism and protecting children and juveniles from sex offense, while the Defendant’s personal information is disclosed and notified to the public, it would result in excessive difficulties for his/her family members living together with the Defendant.

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