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(영문) 의정부지방법원 2017.04.19 2017고합73
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 who has no fixed occupation.

On December 3, 2016, around 06:28, the Defendant: (a) waited for friendships in the front of the exit c and D basin 2, the victim E (one-five years of age), who was waiting for friendships in the front of the exit c and D basin 15 years of age). Around December 3, 2016, the Defendant said the victim as “the first murder.”

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. Statement made by the police for E;

1. A written statement of F and G;

1. A report on investigation (a statement of a victim or witness after receipt of the report);

1. Application of statutes on site photographs;

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 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) 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 being punished for the same sex offense, and the crime of this case alone has a criminal tendency against many unspecified victims;

It is difficult to readily conclude, solely on the fact that it is difficult to register and observe personal information on the defendant, and on the part of taking lectures to treat sexual assault, it can have the effect to prevent recidivism.

In full view of other circumstances such as the defendant's age, motive and method of crime, the defendant's character and conduct environment, the degree of disadvantage suffered by the defendant due to the disclosure order, anticipated side effects, etc., the personal information of the defendant shall not be disclosed.

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