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(영문) 대전지방법원 2018.01.11 2017고합356
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is the mother of the victim C (V, 13 years old) who was living in the family of the victim and was visiting the family of the victim.

At around 00:00 on April 13, 2017, the Defendant entered the victim’s house located in Seo-gu Daejeon, Daejeon, Seo-gu, Daejeon, with the mother and mother of the victim, and without returning home to her for self-locked, and entered the room where the victim was locked. The victim thought that she was locked, and she was locked up on the victim’s entrance, and she was fright up on the victim’s hand, and she tried to commit an indecent act against the victim by putting the victim’s negative part into a pande. However, the Defendant attempted to commit an attempted act because the victim did not sleep.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records concerning C;

1. Statement made by the police for E;

1. Details of consultation to be reported and consulted;

1. Application of Acts and subordinate statutes to expert opinions on sexual harassment cases;

1. Article 7 (6), (4), and (3) of the Act on the Protection of Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning the facts constituting the crime, and Article 7 (6), (4), and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances in the following sentencing grounds):

1. The proviso to Article 62-2 (2) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Children and Juveniles from Sexual Abuse, the main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles from Sexual Abuse;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant has no same criminal record, and the defendant's age, occupation, family environment, social relationship, etc. recognized in the record can prevent recidivism even by taking part in the registration of personal information of the defendant and the lecture for sexual assault treatment;

In full view of the fact that there are special circumstances in which the disclosure of personal information of the defendant should not be disclosed.

[Determination]

1. Reasons for sentencing.

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