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(영문) 창원지방법원 2018.08.09 2018고합111

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 30, 2018, the Defendant committed an indecent act by committing an indecent act against the victim, following the victim’s back to the victim, who is going up with the above stairs of the park, in D Park in Kimhae-si, around 23:10 on April 30, 2018, when returning home together with the victim’s E (n.e., 15 years of age), and followed by the victim.

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 for E;

1. On-site CCTV reporting (Investigation of CCTV verification, and telephone conversations with witness F);

1. Application of Acts and subordinate statutes on investigation reports (investigation into a specific suspect, attach photographs to a suspect form by cutting down him/her, and attach a mark to 112 Report Processing Cases);

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 selection of the relevant 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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 21 (4) of the Act on the Protection and Observation of Children and Juveniles against Sexual Abuse and the Protection of Children and Juveniles against Sexual Abuse;

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

1. There is a risk of recidivism or recidivism of a sex offense against a criminal defendant, who has been exempted from disclosure orders and notification orders under the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (applicable only once, but has been punished for a sex offense)

It is difficult to conclude that the effect of preventing recidivism can be expected to some extent only to the extent, to the extent that it is difficult to readily conclude, to register and observe personal information on the defendant, to take lectures to treat sexual assault, and

In addition, in full view of the benefits and preventive effects expected by the instant disclosure or notification order, and the disadvantages and side effects resulting therefrom, the personal information of the accused is the personal information of the accused.