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(영문) 의정부지방법원 2017.11.01 2017고합172
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
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

The defendant is between the victim C (n, 13 years of age) and the victim D.

On June 1, 2016, the Defendant: (a) at the house of Gyeonggi-gun E Building No. 202, around 04:00, the Defendant committed an indecent act against the victim by advertising out the things locked in the same room as the victim; (b) the Defendant got her chest on the chest of the victim who was in an impossible state of resistance with locking.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile in an impossible state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made with respect to C and D;

1. Statement made by police mail to F;

1. Each police statement with respect to G and H;

1. The application of stenographic records (the details of currency) and CD (the contents of currency)-related Acts and subordinate statutes;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of 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. According to 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 (the Defendant has no record of punishment for any sexual crime other than the instant case, and the Defendant seems to have expected to have an effect of preventing recidivism to a certain extent through an order given to provide treatment for sexual assault imposed in the instant judgment, and according to the bill of investigation prepared by the Speaker’s written observation of government protection prior to the claim, the Defendant’s evaluation of “the degree of risk assessment of Korean sexual offenders (KSOAS)” with seven points in total as a result of the assessment “the middle risk assessment (7~12 points),” and “the mentally ill-psyle (PCL-R)” with 12 points in total as a result of the assessment.

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