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(영문) 대전지방법원 2014.01.16 2013고합489

청소년의성보호에관한법률위반(청소년강간등)

Text

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

At around 17:30 on October 2009, the Defendant discovered that the victim was locked at the home of the victim D (Woo, 15 years old) who is a juvenile in the Mansan-gu Seoul Metropolitan City on the date of October 2009, the Defendant was able to commit an indecent act against the victim. The Defendant was able to look at the victim's chest with his hand, and her finger by inserting his hand into the victim's panty.

Accordingly, the defendant committed indecent act against the victim by taking advantage of the victim's state of impossibility to resist due to the victim's waters.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Statement to E by the police;

1. Application of investigation reports (application of Acts and subordinate statutes to the suspect, victim mother, E-mail, and text messages);

1. Article 7(3) and (2) of the former Act on the Protection of Juveniles from Sexual Abuse (wholly amended by Act No. 9765, Jun. 9, 2009; hereinafter the same shall apply); Article 299 of the former Criminal Act (wholly amended by Act No. 11574, Dec. 18, 2012; hereinafter the same shall apply) [The choice of imprisonment: Provided, That the upper limit of imprisonment shall be governed by the main sentence of Article 42 of the former Criminal Act (wholly amended by Act No. 10259, Apr. 15, 2010);

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

1. Where a conviction of the instant case on the registration of personal information under Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by December 18, 2012), and Article 21(2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the Defendant is a person subject to registration of personal information pursuant to Article 32(1) of the former Act on the Protection of Juveniles against Sexual Abuse. As such, the Defendant is obligated to submit personal information to a competent agency pursuant to Article 5(1) and Article 43 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by December

Whether or not to order the disclosure of registered information has no criminal record for the defendant, the defendant committed the crime of this case by contingency, and the crime of this case is recognized, and the errors are divided.