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(영문) 서울북부지방법원 2016.02.03 2015고합216

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

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.

Reasons

Punishment of the crime

The Defendant, around 15:00 on June 29, 2015, posted the subway No. 1 line D No. 3 of subway No. 3 of Dongdaemun-gu Seoul, Dongdaemun-gu Seoul, and committed an indecent act by force on the part of the victim E (hereinafter “V”) by inserting hand into the school uniforms of the victim E (the age of 18).

Accordingly, the defendant committed an indecent act against a child or juvenile victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements from witnesses E and F;

1. Application of the photographic Acts and subordinate statutes;

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;

2. 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).

3. Article 62 (1) of the Criminal Act on the suspension of execution (The following consideration shall be repeated for the reasons for sentencing).

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

5. In light of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, 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 being punished for a sexual crime in the past; the degree of the instant indecent act is not significant; and the Defendant’s age, occupation, family environment, social relationship, etc., solely on the ground that the Defendant committed the instant crime, the Defendant is likely to recommit a sexual crime.

It is difficult to readily conclude.

Only the registration of personal information and participation in sexual assault treatment can have the effect of preventing recidivism by the defendant.

I seem to appear.

In addition, in full view of all the circumstances such as the benefits expected by the disclosure order or notification order of this case and the effects of prevention, disadvantages and side effects therefrom, there are special circumstances in which the disclosure of personal information of the defendant may not be disclosed.

(A) the registration of personal information;