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(영문) 춘천지방법원 강릉지원 2017.02.16 2016고합83
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 September 8, 2016, the Defendant discovered the victim E (n, 16 years of age) who was cutting the above bridge at the entrance of the Southern-si CD located in Gangseo-si, Gangnam-si, and, as a result, brought the victim in from the Gap himself, brought the victim into the victim, continued to talk the victim's chest with both descendants even after the victim gets out of the play, and committed an indecent act against the victim by assaulting the victim's drinking part under the part of the part of the victim's happiness.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E (tentative name) and F;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations with reference persons);

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

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. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;

1. There is a risk that a defendant again commits a sexual crime in light of the seriousness of the crime in this case, the fact that the defendant is a primary offender, etc., of Article 49 (1) (proviso) and the proviso to Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse, which is exempted from an order to disclose or

It is difficult to readily conclude that Defendant’s age, disclosure order, or notification order has special circumstances that may not disclose Defendant’s personal information when comprehensively considering the degree and expected side effects of Defendant’s disadvantage, the prevention effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victim, etc.

[Judgment] Grounds for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. The basic area of the recommended punishment [the scope of the recommended punishment] the general standard of the punishment [the scope of the punishment shall be subject to 13 or more years of age) and the basic area of the two types (the forced indecent acts, such as forced indecent acts by blood and intrusion into residence, etc. by blood) (one year to three years and four months): Juveniles.

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