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(영문) 춘천지방법원 2017.02.03 2014고합122

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for six months.

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 June 28, 2014, around 21:00, the Defendant boarded the victim G (n, 18 years of age) boarding the E F bus at the front bus stops located in Daegu Jung-gu, Daegu-gu, Seoul-gu, following the victim G (n, 18 years of age), and was seated in the victim's side seat, and then committed an indecent act by fasting the victim's left side bucks to the right side bucks of the victim.

Accordingly, the defendant committed an indecent act against the victim in a bus which is a densely concentrated place.

Summary of Evidence

1. Partial statement of the defendant;

1. G statements made by the victim's statement in video recorded CDs;

1. Bus CCTV screen CDs;

1. Application of the Acts and subordinate statutes requesting search and seizure inspection warrant, non-chron card holders' personal information;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Protection and Observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. In full view of all the circumstances, including the Defendant’s age, occupation, benefits and effects expected by the disclosure or notification order, and the disadvantages and side effects that the Defendant suffered, there is a special circumstance that may not disclose or notify the Defendant’s personal information, taking account of the following: (a) the disclosure order and notification order; (b) the proviso to Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; (c) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (d) the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the crime of this case is relatively minor; (d) the observation of protection;

If a conviction becomes final and conclusive against a defendant who has registered new information, he/she 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.