아동ㆍ청소년의성보호에관한법률위반(준강제추행)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 5, 2016, around 03:50 on June 5, 2016, the Defendant was able to take part in the victim F (at the age of 16), bucks, left bucks, and bucks in hand.
As a result, the Defendant committed an indecent act against a child or juvenile victim by using a state in which the victim could not resist due to sleep.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F, G, and H;
1. Reports on internal investigation (the sequence 7 in list of evidence);
1. Application of Acts and subordinate statutes to each image of CCTV and photograph (Evidence Nos. 9-2, 9-3);
1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning criminal facts;
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 ( repeatedly considering the favorable circumstances);
1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. In full view of the information disclosure order and 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 fact that there is no history of sex offense against the defendant, the degree of exercising the tangible force of this case, the age and family relationship of the defendant, and the results of evaluation of the risk of recidivism against the defendant, etc., it is difficult to readily conclude that the defendant has a recidivism risk or recidivism risk of a sexual crime against the defendant. In full view of all the circumstances such as the registration of the defendant's personal information, participation in the sexual assault treatment course, and probation, it appears that the defendant's personal information may have an effect to prevent recidivism of the defendant. In full view of the social benefits expected by the disclosure order and notification order, the effect of the sexual crime prevention, the disadvantage and anticipated side effects