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(영문) 대전지방법원 2018.04.16 2018고합22 (1)
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On September 8, 2017, around 17:34, the Defendant, around 17:34, 2017, moved the son of the victim C (V, 17 years old), who was in front of the Defendant, into his hand for about 3 seconds after the lapse of the section of the mouth of the mouth of the Gu-U.S. Station in the Gu-U.S. Station.

As a result, the defendant committed an indecent act against the victim who is a juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes concerning train passes and entering certificates;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

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. One year of imprisonment to be suspended;

1. Article 59 (1) of the Criminal Act of the Suspension of Pronouncement of Sentence (The following consideration has been made for a favorable reason for sentencing):

1. The proviso to Article 21 (2) of the Act on the Protection of Juveniles from Sexual Abuse (the proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles from Sexual Abuse [the defendant cannot expect the effect of preventing sexual crimes through the order to attend lectures because it is difficult for him/her to communicate smoothly

[Determination]

1. In light of 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 the disclosure order and notification order (the fact that the defendant has no criminal record for the same kind of crime, the defendant's mistake is against the defendant, the degree of conduct is weak, the registration of personal information against the defendant can also be effective to prevent recidivism, and other special circumstances that may not disclose the defendant's personal information in light of the disadvantage, anticipated side effects, and effects of preventing sexual crimes due to the disclosure notification order.

[Judgment] Grounds for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. The sentencing criteria shall be based on; and

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