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(영문) 서울동부지방법원 2018.04.13 2018고합31

아동ㆍ청소년의성보호에관한법률위반(강제추행)

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

On November 25, 2017, around 18:30 on November 25, 2017, the Defendant, at the bus stops in Songpa-gu Seoul Metropolitan Government, committed an indecent act by force against the juvenile, by putting the victim E (the 16-year old) waiting for the bus over friendly acid, raising the main victim’s shoulder and boom, getting the bus on board and leaving the house, making the bus known the victim’s contact information, and continuously committing an indecent act against the juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of a written statement of E (tentative) and stenographic records made by victims to 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;

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

1. It is deemed that a child exempted from an order of disclosure and notification may have the effect of preventing re-offending through the registration of personal information and taking lectures for treatment of sexual assault, as he/she has no record of punishment for a sex offense, and the registration of personal information and taking lectures for treatment of sexual assault;

In full view of the Defendant’s age, family relations, social ties, benefits and preventive effects expected by an order of disclosure notification, and disadvantages and side effects arising therefrom, there are special circumstances in which disclosure of Defendant’s personal information should not be disclosed.

It is reasonable to see as follows.

Where a judgment of conviction becomes final and conclusive against a defendant who has registered personal information, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.