아동ㆍ청소년의성보호에관한법률위반(장애인간음)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 26, 2012, around 03:30 on May 26, 2012, the Defendant: (a) inducedd the victim C (man, 18 years of age); (b) was in the office of the Defendant located in Yongsan-gu Seoul Yongsan-gu, Seoul; (c) was off the victim’s clothes at the inside and outside of the inside of the site; and (d) committed an indecent act by force against the juvenile by force.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E and F;
1. A report on investigation (Attachment of a written appraisal);
1. Application of Acts and subordinate statutes on recording records;
1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); Article 298 of the Criminal Act;
2. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).
3. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
4. In light of the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant, while under the influence of alcohol, committed an indecent act against the victim who visited his house with his house, and it is difficult to readily conclude that the Defendant has no record of punishment for sexual crimes except for the crime of this case, and thus, there is no need to impose security measures such as disclosure and notification order. Meanwhile, considering the fact that the Defendant is married to the spouse of Vietnam and is living a family life around July 2009, when issuing an order to disclose and notify the Defendant, the Defendant’s personal information should not be disclosed since it significantly has a high legal interest in the infringement of the Defendant and his family members compared to the public interest, such as the prevention of sexual crimes to be gained therefrom.