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(영문) 의정부지방법원 2016.10.12 2016고합276
아동ㆍ청소년의성보호에관한법률위반(유사성행위)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant and the victim C (the age of 15) are the booms while teaching.

At around 13:00 to 14:00 on April 26, 2016, the Defendant asked the victim to use only a toilet in front of the victim's house located in Dongducheon-si D, and entered the victim's house. The Defendant attempted to attract the victim's arms to kn the victim's room on the floor by putting the victim's room in his hand, and the victim knife and resisted the victim's clothes, she saw the victim's bridge knife the victim's clothes into the floor, she saw the victim's resistance by cutting the victim's arms into the Defendant's knife, she took the victim's clothes into the Defendant's knife., she took the victim's clothes into the Defendant's knife, cut off the victim's knife and pan, and put the victim's knif

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of victims;

1. Application of statutes governing stenographic records to victims;

1. Article 7 (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant criminal facts;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for considering the circumstances of the crime);

1. Article 62(1) of the Criminal Act (including the following reasons for sentencing, taking into account the conditions of sentencing under Article 51 of the Criminal Act);

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

1. The reason for sentencing of the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in addition, it is difficult to readily conclude that a defendant has a risk of recommitting a sexual crime in light of various circumstances as stated in the reasons for sentencing, including the fact that the defendant has no history of sex offense, and in comparison with the benefits and preventive effect expected by an order to disclose or notify the information and the disadvantages and side effects that the defendant would incur, there is a special circumstance that the disclosure or notification of the defendant's personal information

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