아동ㆍ청소년의성보호에관한법률위반(강제추행)
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.
Punishment of the crime
On September 11, 2015, from around 00:30 to around 01:40, the Defendant reported the appearance of smoking mixed tobacco from the inside of the victim E (n, 14 years old) to the front of the D church located in Busan B, and committed an indecent act by force against the victim, who is a child or juvenile, on his/her own hand, when the victim refuses to cover the shoulder of the victim.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. E’s statement in video recording CDs;
1. Application of Acts and subordinate statutes to field medication;
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. 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. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. In light of the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, 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, the circumstances leading to the instant crime, and the circumstances after the instant crime, etc., there is a need to impose a disposition, such as an order to disclose or notify information that may seriously affect the Defendant’s return to society, solely on the sole ground that the instant crime was committed.
In addition, comprehensively taking account of the Defendant’s age, family environment, social relationship, benefits and preventive effects expected by an order of disclosure or notification, and disadvantages and side effects arising therefrom, etc.