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(영문) 수원지방법원 안양지원 2018.05.04 2018고합20
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person working as an instructor at a specialized driving school of D Driving in Ansan-gu, Mayang-si, and the victim E (one-eight years of age) is a student of the above driving school.

On December 6, 2017, the Defendant: (a) at the above D Specialized Driving School around 14:00 on December 6, 2017, in order to allow the victim to take a road driving training course, the Defendant was seated in the driver’s seat up to the front day of the G located in the king City F along with the victim on the vehicle along the vehicle driving on the road.

The phrase “,” etc. reads that “the victim is aware of the law that deals with the engine language,” and said that “the victim’s left hand is cut off on the victim’s hand by cutting down the Defendant’s left hand and cutting it on the victim’s hand, and “I am to come on one hand, I am to be aware of whether I am able to do so on one hand or not.”

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following favorable occasions):

1. The main sentence of Article 21 (2) and Article 21 (4) 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 (the defendant has no record of punishment for any sexual crime and thus is at risk of recidivism or recidivism of sexual assault because he/she has no record of such record;

It is difficult to conclude that the defendant's participation in the registration of personal information on the defendant and the lecture of sexual assault treatment can prevent the defendant from repeating the crime.

Otherwise, the age, family environment, and social relationship of the defendant;

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