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(영문) 서울남부지방법원 2014.12.11 2014고합448

아동ㆍ청소년의성보호에관한법률위반(강제추행)

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

around 10:40 on September 10, 2014, the Defendant written the indictment as “D” in front of a toilet for the Bae Park in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, 159-2, and in the indictment for the victim C (nive, 15 years of age). However, the victim appears to have been used at the time of making a statement at the investigative agency.

The author reported that two-halfs of the short half bucks, and that they are sitting and sitting in the side of the victim, and bucks the victim buck and bucks the victim buck, as the bucks inside the victim bucks, they committed indecent acts by force against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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 consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The issue of whether an order to disclose or notify personal information constitutes “any special circumstance that may not disclose or notify personal information” under 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, shall be determined by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, etc., characteristics of the offender, such as the type, motive, process, result, seriousness of the crime, etc., characteristics of the crime, such as disclosure or notification order, degree of disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure or notification order, preventive effects of sexual crimes subject to registration, and effects of protecting victims from sexual crimes subject to registration.

Supreme Court Order 23 February 2012