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(영문) 수원지방법원 안산지원 2014.08.27 2014고단1465
아동복지법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Criminal facts

At around 17:50 on March 5, 2014, the Defendant rendered sexual humiliation to the victim E (here, 12 years of age) who was returned home, in front of the D Middle School E in Silung-si, C, by taking the sexual organ out from home to his hand, and her sexual organ out to the sexual organ, and committed a cruel act.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police statement of E;

1. Application of the Acts and subordinate statutes to capture CCTV images near the scene of crime;

1. Article 71 (1) 2 of the Child Welfare Act and Article 17 subparagraph 4 of the Child Welfare Act, the choice of punishment for an offense, and the choice of imprisonment with labor;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to probation, community service, or order to attend lectures;

1. The crime of this case was committed on the grounds of sentencing under Articles 47 and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure and Notification of Personal Information, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (which does not disclose and notify personal information in consideration of family relation, financial situation, etc.). The crime of this case was committed on the grounds that the defendant committed sexual abuse by committing self-defense against the victim under his age, and not yet recovered from damage to the victim. The defendant was punished for the crime of this case; the defendant was recognized as committing the crime of this case; the defendant reflects his mistake in depth; the defendant supports three children under his age; the defendant supports three children under his age; and the sentencing conditions as set forth in the trial of this case.

Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to the registration and submission of personal information, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and such person is subject to registration.

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