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 26, 2014, around 21:20, the Defendant committed an indecent act by force against the victim by waiting for signal at a three-distance crosswalk near the cambs in the front of the crosswalk, waiting for signal, and finding out the victim D (17 years of age) who was seated in the safety pole in front of the crosswalk, making the victim cam at the front of the victim, and making the victim cam at the front of the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Witnesses D and E's respective legal statements;
1. Suspected bicycles and apartment CCTV;
1. Application of Acts and subordinate statutes governing suspect identification;
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. 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 extenuating circumstances among the reasons 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 fact that the defendant has no record of being punished for a sexual crime, the background leading to the crime of this case, the circumstances after the crime of this case, etc., it is difficult to deem that there is a need to impose a disposition that is a disclosure and notification order that may significantly affect the defendant's rehabilitation, on the sole basis of the fact that the crime of this case was committed, such as the defendant's age, family environment, social relationship, disclosure or notification order, and other various circumstances such as the defendant's interest expected by the disclosure or notification order, the effects of prevention, disadvantages and side effects of the disclosure or notification order, etc., the determination of the defendant's personal information should not be made) and the defense counsel
1. The argument.