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(영문) 대전지방법원 천안지원 2014.05.28 2014고합57

아동ㆍ청소년의성보호에관한법률위반(위계등추행)

Text

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.

Reasons

Punishment of the crime

At around 00:20 on December 21, 2013, the Defendant committed an indecent act by force against the victim by taking advantage of the relatives’ relationship with the female, such as “if the victim was under the influence of alcohol once a week, she will face the bucks” and “if the victim became aware of it once a week, she will face the bucks.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of recording records, internal investigation reports, investigation reports (investigation, etc. of telephone conversations for reference), CCTV photographs and cellphone photographs to Acts and subordinate statutes;

1. Relevant Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning the option of criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Where a judgment of conviction becomes final and conclusive on the facts constituting a crime on which personal information is registered as a result of suspended execution under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds), the Defendant is 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 thus, the Defendant is obligated to submit personal information to the competent

Comprehensively taking account of the circumstances surrounding the instant crime, details, and circumstances after the instant crime, etc., the Defendant’s risk of re-offending appears to be very low, and the Defendant is a person with a disability of class 4 on the brain disease and is under continuous pharmacologic treatment since he/she had been diagnosed as a person with a disability of class 4 on a several years before he/she was under continuous pharmacologic, etc., the Defendant may be deemed to have special circumstances where an order to attend education

The defendant committed the crime of this case without awareness as to the fact that he/she committed the crime of this case under the influence of alcohol.