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(영문) 서울중앙지방법원 2017.06.16 2017고합413
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The Defendant was a person participating in the music camping of the professor E, held at Dpenta in both weeks from January 1, 2017 to July 1, 2017, and the victim F (V, 17 years old) was a high school student participating in the above music camping.

Around 03:00 on January 3, 2017, the Defendant used the gap in which four female students, such as the above victim, etc., are self-employed, thereby making sparing the victim by sparing the victim in his/her hands, and only limited the sound part of the victim.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Relevant Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning the facts constituting an offense;

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. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;

1. The main sentence of Article 21 (2) 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’s crime of this case appears to have been committed somewhat contingent, and the Defendant’s crime of this case appears to have been committed accordingly, there is a risk of recidivism or recidivism of sexual assault solely on the basis of the circumstances indicated in the record;

It is difficult to conclude that the defendant's social relationship is clear, the registration of personal information on the defendant, and the lecture for treatment of sexual assault can secure the effectiveness of recidivism prevention to some extent.

The effects of sexual crime prevention, etc. that can be achieved due to the disadvantage and anticipated side effects of the defendant due to the disclosure order and notification order are relatively low.

8.3.

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