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(영문) 의정부지방법원 2020.02.18 2019고합331
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On June 23, 2019, at around 05:37, the Defendant: (a) on a taxi operated by the Defendant in the street near the B store located in Seongdong-gu Seoul Metropolitan Government, the Defendant: (b) stated that “I am, I am, I am,” while driving the cab, I am, I am to see the victim’s own hand; (c) discovered a new door on the part of the victim’s left side buckbucks; and (d) found the victim’s buckbucks and continued to see the victim’s bucks.

Accordingly, the defendant committed indecent act against the juvenile victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police;

1. Application of the investigation report (the analysis of black stuffs) and the Acts and subordinate statutes that cut down booms images;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. Reasons for sentencing in full view of all the circumstances such as orders to disclose or notify the personal information of the accused, social benefits expected by orders to disclose or notify the information, the effects of preventing the recidivism of a sexual crime, and the disadvantages and anticipated side effects of the accused, etc., where it is difficult to readily conclude that the accused has a risk of re-offending of a sexual crime due to the absence of the same criminal record by the accused, and orders to complete a program, restrictions on employment, and registration of personal information, etc. on the accused appears to have the effect of preventing the recidivism of the crime; and other circumstances such as social benefits expected by orders to disclose or notify the information; and the effect expected by such orders and notification;

1. Scope of punishment by law: Imprisonment with prison labor for a period from one year to fifteen years;

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