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(영문) 수원지방법원 2017.01.10 2016고합569
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On March 1, 2016, the Defendant: (a) heard the horses that a minor person, who became aware of through Messenssen from around 1, 2016, exchanged letters with the victim D (17 3, n; and (b) got home from the victim; (b) sent a taxi to the victim; and (c) sent the taxi to the victim, the Defendant was living in Suwon-si Etel 712.

On March 2, 2016, from around 02:00 to 03:00, the Defendant: (a) had the victim’s chests with the intent to make a forced indecent act by reporting the victim who was in the instant officetel 712; and (b) had the victim’s chests with the victim’s breathroction and her hand.

As a result, the defendant committed an indecent act against the victim who is a juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of stenographic records;

1. Report on commencement of internal investigation, report on internal investigation by the police (related to the verification of disability ratings of the victim, specific relation to the suspect), police investigation report (related to the attachment of internal photographs of officetels of the suspect) (including attached data);

1. Application of text content, CD copy, and Acts and subordinate statutes;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. A person who is finally and conclusively convicted of a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Juveniles against Sexual Abuse by a child who has registered personal information under the main sentence of Article 21(2) of the Act on the Protection of Juveniles against Sexual Abuse is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the Act on Special Cases

There are special circumstances in which personal information shall not be disclosed, as provided for in the exception of disclosure order and disclosure order and notification order.

(b) make decisions;

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