beta
(영문) 전주지방법원 2013.11.28 2013고합172

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, That 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

In the state that the defendant lacks the ability to discern things or make decisions due to the influent type of illness, the defendant, around 16:05 on August 11, 2013, by compulsiond by force, the victim E (Influent, 13 years old) who is a juvenile in front-gu D Library located in the Seoul Library located in front-gu Seoul Special Metropolitan City, facing each other in the future of the victim E (influent, 13 years old) who is a juvenile in order to write books in the general reading room located in the Seoul Library located in front-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A detailed statement, etc. of the suspect A’s hospitalized treatment;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Where a conviction is finalized against a defendant who has registered personal information of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant 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 the defendant is obligated to submit personal information to a competent agency pursuant to Article 43(1) of the same Act.

In full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s health status, family relationship, and criminal records, etc., whether to issue an order to disclose or notify the registered personal information, it is deemed that there are special circumstances that may not disclose the personal information of the Defendant. Thus, the personal information of the Defendant is not disclosed or notified pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1)