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(영문) 의정부지방법원 2019.08.30 2019고합180
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

Around 02:00 on April 21, 2019, the Defendant, at the Government-si building B, C, Defendant-friendly job offers D, victim E (the age of 15), and her friendship with the victim while drinking together with the victim’s friendship, and as the victim’s ties come to be cut to the victim, the Defendant: (a) was able to bring the Defendant’s grandchildren into the victim’s thrts and bracks; (b) was able to bring the Defendant’s grandchildren into the victim’s thrts and bracks; and (c) rejected the Defendant’s grandchildren, but the Defendant was able to put the Defendant’s grandchildren into the victim’s her arm’s length and panty.

Summary of Evidence

1. Defendant's legal statement;

1. stenographic records of statement of damage;

1. Application of Acts and subordinate statutes to a report on investigation (verification of the place of occurrence of a case and an investigation for search);

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 relevant criminal facts;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Welfare of Disabled Persons Act (Law No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. In light of the Defendant’s age, character and conduct, family relation, etc., it is deemed that the effect of preventing recidivism can be expected even if the Defendant’s disclosure order or notification order was executed, the registration of personal information, and the completion of sexual assault treatment programs can be expected. In light of the Defendant’s age, character and conduct, family relation, etc., it is deemed that there are special circumstances where the Defendant’s personal information should not be disclosed and notified to the public.

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