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(영문) 청주지방법원 영동지원 2018.07.25 2018고합9
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On February 1, 2018, the Defendant: (a) was able to use the victim’s left side buckbucks on the left side of the victim’s hand, seated in the house room located in Chungcheong-gun C (name, fluor, 14 years old); and (b) the victim was able to use the victim’s bucks down on the left side of the victim’s hand; and (c) the victim’s “Idok Hawk”.

“Although it was prevented, the victim was forced to commit an indecent act against the victim’s will against the victim, by continuously placing his/her hand on the victim’s bucks, without suspending it.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A report on receipt of the case of school violence;

1. Application of Acts and subordinate statutes to the investigation report (the list Nos. 3 and 12 of evidence);

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) 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 Juveniles against Sexual Abuse against Children exempted from an order of disclosure and notification [ although the defendant has a record of punishment for a sexual crime, the above crime is committed 20 years prior to the occurrence of the crime and thus, there is a risk of the defendant's recidivism or recidivism of sexual assault;

It is difficult to readily conclude that the registration of personal information and lectures to treat sexual assault can have an effect to prevent recidivism to a certain extent.

I seem to appear.

In addition, comprehensively taking account of all the circumstances revealed in the trial process of this case, such as the defendant's age, sexual conduct, the details and contents of the crime of this case, the profits and preventive effects expected by the disclosure order or notification order to the defendant, and the subsequent disadvantages and side effects.

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