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(영문) 서울남부지방법원 2015.01.23 2014고합486

아동ㆍ청소년의성보호에관한법률위반(강제추행)

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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

On September 30, 2014, at around 16:15, the Defendant opened the use door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door to door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door from the victim's hand door door door door door door door, and committed indecent act by force on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of statutes on field evidence photographs;

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;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

5. The meaning of 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 [where it is determined that there are special circumstances that may not disclose or notify personal information,” as one of the grounds for exception to the disclosure or notification order, shall be determined by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc. of the crime, characteristics of the crime, such as the disclosure or notification order, degree of disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure or notification order, effects on the prevention of sexual crimes subject to registration that may be achieved, and effects on the protection of victims of sexual crimes subject to registration (see Supreme Court Decision 2011Do16863, Feb. 23, 2012).