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(영문) 수원지방법원 안양지원 2019.06.21 2019고합41
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On September 12, 2018, the Defendant: (a) around 16:30 on September 12, 2018, around 16:30, in front of the Mayang-gu B apartment, the Defendant: (b) brought the victim in the aftermath of the victim; (c) prevented the victim from being injured with his left hand; and (d) took the victim’s chest by inserting his hand in the clothes of the victim.

Accordingly, the defendant committed an indecent act against the minor victim under 13 years of age.

Summary of Evidence

1. Stenographic records;

1. Each written statement of D and E;

1. Written opinions of experts in statement and analysis of children and persons with disabilities;

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. An order of disclosure, notification, and employment restriction order: (a) the proviso to Article 49(1), the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (b) proviso to Article 2 of the Addenda (Act No. 15452, Mar. 13, 2018); and (c) proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); and (d) it is difficult to readily conclude that the Defendant has a risk of sexual assault or re-offending due to

The effect of preventing recidivism can be expected only with the registration of personal information on the accused and the completion of sexual assault treatment programs.

The effects of the disclosure order, notification order, and employment restriction order are relatively low compared to the disadvantages and expected side effects that the defendant may suffer.

In addition, considering various circumstances, such as the defendant's age, character, conduct and environment, the defendant may not be subject to disclosure and notification of personal information and an employment restriction order.

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