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(영문) 수원지방법원 안산지원 2019.11.29 2019고합217
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 26, 2019, around 07:17, the Defendant, at the time of Ansan-si, called "C Hospital" located in the Dong-gu, Ansan-si, the victim D (the name of the victim, the female, and the age of 18) who was in school, was traveling to the bus stop at the bus stop." The Defendant, along with the victim, was traveling to the front bus stop at the Dong-gu, Si, Ansan-si.

From the above date to the same day 07:25 of the same day, the Defendant left the bus stop with the victim as above, and continued to keep the victim’s left knick away from the victim’s knick, thereby inducing the juvenile, by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. The application of investigation reports (the submission of suspect criminal records, CDs, and photographs), suspect criminal video CDs-related Acts and subordinate statutes;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the choice of imprisonment with labor for the crime;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant is deemed to have special circumstances in which an order to attend a lecture cannot be issued, as it is difficult to reduce the effectiveness of diagnosis, counseling and education following the order to attend a lecture, which is conducted in Korean language, and to expect the effectiveness of recidivism prevention, since it is difficult to expect that the effectiveness of diagnosis, counseling and education is low due to the order

1. An order of disclosure or notification of registered information under the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from an order of disclosure or notification, needs to be careful and prudent inasmuch as it could have a significant impact on the defendant, the defendant has no record of punishment for a sexual crime, and the registration and notification of personal information

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