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(영문) 대전지방법원 2019.05.02 2018고합503
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant was in alliance with the mother of the Victim B (M, 17 years of age).

around 03:00 on September 16, 2017, the Defendant met the mother of the victim and the victim, and went to the Cheongju City City Cheongju.

The defendant had been aware of the fact that he had been accommodated with the victim in the above telecom, and had the victim forcedly commit an indecent act.

The mother of the victim was living together with the locked victim, and the victim was sponsed by his arms, sponsed by the victim, and knife his fingers into the inside of the victim, and knife knife knife knife knife knife knife knife knife knife knife.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to stenographic records, written complaints, investigation reports (Attachment to E dialogue at the time of damage to the victim);

1. Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15352, Jan. 16, 2018; hereinafter the same shall apply), Article 298 of the Criminal Act, the selection of imprisonment, and the selection of a sentence

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The instant crime under Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, or restrict employment; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse; Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); the Defendant is not an offense against many unspecified persons; there is no history of punishment for a sexual crime; the Defendant has a disability of Grade III; the registration of personal information of the Defendant and sexual assault.

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