아동ㆍ청소년의성보호에관한법률위반(강제추행)
A defendant shall be punished by imprisonment for two years.
To order the defendant to complete a sexual assault treatment program for 40 hours.
Punishment of the crime
On February 3, 2017, the Defendant was sentenced to eight months of imprisonment for special larceny, etc. at the Daegu District Court on February 3, 2017, and completed the execution of the sentence at the Daegu Prison on April 29, 2017.
On May 15, 2017, the defendant met Ma-dong C around 02:00, and came to play together at the defendant's house located in Daegu City F and 306, by introducing C's female job offers D and D's family gathering victims E (the age of 18).
At around 05:30 on the same day, the defendant, at the defendant's house, and together with the victim, expressed his/her will to the locked victim, thereby spreading the victim's right chest by inserting his/her finger into the victim's jackets, and putting his/her finger into the victim's shoulder, and putting his/her finger into the victim's half part.
The defendant, even though he had expressed his intention to refuse in the course of the defendant's arms, the defendant got the right chest of the victim again.
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 against D;
1. E written statements;
1. Application of stenographic records or forest statutes;
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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. If a child exempted from an disclosure order or notification order comprehensively takes into account the following factors: (a) the proviso to Article 49(1) of the Act on the Protection of Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the Defendant’s absence of force on sexual crimes; (b) the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order; and (c) the preventive effect of the sexual crime subject to registration that may be achieved therefrom; and (d) the protection effect of the victim from the sexual crime subject to registration, there