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(영문) 전주지방법원 2019.08.21 2019고단908
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[Criminal Power] On November 25, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for public performance and obscenity at the Jeonju District Court on May 24, 2017, and completed the execution of the sentence in the Jeonju Prison.

【Criminal Facts】

At around 16:10 on May 29, 2019, the Defendant committed sexual abuse against the victims by making a child or juvenile victim D (tentative name, credit, 13 years old), the victim E (tentative name, credit, 13 years old), and panty panty, and by taking the sexual organ into her hand, and committing self-defense.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E (alias) and D;

1. Photographs (e.g., the shape, etc. of a suspect going to be a place for committing the crime, which is going to be a studio or biogas);

1. Previouss before and after judgments: Criminal records, replys to criminal records, written judgments (the Jeonju District Court Decision 2016Kadan1568), and application of Acts and subordinate statutes on the current status of accommodation of individuals;

1. Article 71 (1) 1-2 of the Child Welfare Act, Article 71 (1) 2 of the Child Welfare Act and Article 17 subparagraph 2 of the same Act, the selection of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The main sentence of Article 49 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 50 (1) 1 of the same Act;

1. Where a conviction of a sex offense subject to registration becomes final and conclusive in the judgment that is subject to registration and submission of personal information under Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning

Although punishment has been imposed several times for the same kind of crime for the reason of sentencing, the crime of this case has been committed again during the period of repeated crime, and the victims who committed the crime will have mental impulse.

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