아동ㆍ청소년의성보호에관한법률위반(강제추행)
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.
Punishment of the crime
On September 27, 2017, around 14:00, the Defendant committed an indecent act by force on the part of the victim E (V), a juvenile who was seated in the bus stop in front of the Daejeon Seo-gu Seoul Metropolitan Government, by holding the sound of the victim E (V, 16 years of age, 16 years of age) one time in his/her hand.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes in the protocol of statement prepared by the police for E (tentative name);
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. The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of punishment for any sexual crime prior to the instant case, and thus, has the risk of recidivism or recidivism of sexual assault against the defendant;
It is difficult to readily conclude that the effect of preventing recidivism can be limited to taking part in observing and treating the Defendant, taking part in the registration of personal information, and taking part in the treatment of sexual assault.
In light of all the circumstances, such as the defendant's age, family environment, social relationship, etc., there are special circumstances that may not disclose and notify personal information of the defendant, such as the fact that the disclosure and notification order appears to be relatively less than the disadvantage and anticipated side effects that the defendant may sustain, and that the prevention effect, etc. of sexual crimes can be achieved by the disclosure and notification order.
The reason for sentencing
1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and
2. The application of the sentencing guidelines [type determination] is a type of two types of indecent act (the indecent act by force of juveniles) (the indecent act by force of juveniles) committed by force (the objects of 13 years or more) as general criteria for sex offenses.