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(영문) 제주지방법원 2017.12.14 2017고합155

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 20, 2017, the Defendant: (a) around 15:00, around C Apartment 104, the Defendant: (b) on the front playground of C Apartment 104 on May 20, 2017; (c) on the victim D (the victim D, 14 years old); and (d) on the top of the victim’s left hand, and (d) on the top of the victim, the Defendant forced the victim, a juvenile, to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Application of related Acts and subordinate statutes to photographs;

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 crime. Article 7 of the same Act and Article 298 of the same Act (Selection of Imprisonment)

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In special circumstances where the Defendant is unable to impose an order to attend a lecture on the Defendant when considering the fact that the Defendant, as a first-class person with brain disease, seems highly difficult to communicate with the daily movement and communication as a person with severe disability, under the proviso to Article 21 (2) of the Act on the Protection of Juveniles against Sexual Abuse;

[Determination]

1. In full view of all the circumstances indicated in the records, including the Defendant’s age, the details and developments leading up to the instant crime, the benefits and preventive effects expected due to an order to disclose or notify the Defendant, and the disadvantages and side effects of the order, etc., the Defendant’s personal information may not be disclosed or notified, in light of the following: (a) the Defendant did not have any history of having been punished for a sex offense prior to the instant crime; and (b) the punishment for the instant crime and the registration of personal information are likely to have an effect to prevent recidivism; and (c) the Defendant’s age, health status; (d) the Defendant’s benefit and preventive effects due to an order to disclose or notify the Defendant; and (e) the disclosure or notification of such information

[Determination]

Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall apply to the defendant where the conviction of the crime in the judgment on the registration of personal information is finalized.