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(영문) 서울중앙지방법원 2018.10.25 2018고합712

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

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

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

Reasons

Punishment of the crime

On March 29, 2018, around 07:20 on March 29, 2018, the Defendant committed an indecent act by force on the Defendant’s left hand with the milch of the victim E (the age of 16) who is a juvenile in front of the “D” store located in Gwanak-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. The Defendant’s legal statement reversed his position at the second trial date and recognized the facts charged.

1. Legal statement of witness E;

1. Application of the Acts and subordinate statutes of Chapter VD1

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

1. A special circumstance in which a defendant may not disclose personal information, if he/she comprehensively takes into account the fact that the defendant has no history of a sexual crime, the degree and expected side effects of the defendant's disadvantage due to an order to disclose or notify information, the preventive effect of a sexual crime subject to registration that may be achieved due to such order, and the effect of protecting the victim from a sexual crime subject to registration, etc., of a child exempted from an order to disclose or notify information, etc.

[Determination]

1. Where a conviction becomes final and conclusive against a sex offense subject to registration of personal information under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), and Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. Sentence of a punishment by law;