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(영문) 서울북부지방법원 2017.03.17 2016고합559
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Around May 24, 2016, the Defendant and the victim D (the age of 16) met with the Defendant’s friendship E and the victim’s line F, the Defendant’s line, and the victim’s line F, the Defendant and the victim’s line. On May 24, 2016, the said four persons together drink around 05:00 on May 24, 201, and stayed in the “Hel” located in G in the Gyeonggi-ri City.

Defendant 2 met at the above time the chest 204, and the chest of the victim who was suffering from the bed was the Defendant’s hand, and 2-3 times again met the victim’s chest as the Defendant’s hand even though the victim refused to do so.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of 7-I photographs to Acts and subordinate statutes; and

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 59 (1) of the Criminal Act (the term of suspended sentence: One year);

1. In full view of the proviso to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no history of sex offense, has contingent crimes and reflects errors, and the defendant’s objective, effect, etc. of his/her ordinary character and conduct, and order to complete a program cannot be imposed on the defendant to complete a program, there are special circumstances in which the defendant cannot

[Determination]

1. 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 age, motive, seriousness of a crime, attitude, etc. of a criminal defendant after committing an offense) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from an order of disclosure and notification, can only be found guilty of the criminal defendant and registration of personal information of the criminal defendant can prevent recidivism;

Since the defendant's personal information should not be disclosed or notified, there is a special reason to not disclose or notify the defendant's personal information.

2) Grounds for sentencing

1. The scope of applicable sentences: Imprisonment for one year to 15 years;

2. Determination of sentence;

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