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(영문) 전주지방법원 2014.04.10 2013고합241

아동ㆍ청소년의성보호에관한법률위반(위계등추행)

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

On November 22, 2013, around 18:15, the Defendant visited the victim D (the age of 16) who is a juvenile walking in the 1220-1 Former Stak-gu, Seoul Special Metropolitan City on the roads adjacent to the Winter Stak Stak Stak Stak Stak-gu, Seoul Special Metropolitan City on November 22, 2013, stating that “I will write the thesis, I will respond to the survey, and will sit in the event located next and then conduct a survey.”

There is a method and weight to see the method of seeing the deceased person's body. It can be known that he/she wants to know about his/her life if he/she sits on knenee. "A person who thought to see the deceased person's body is off his/her room and knee, knee, and knee of the defendant's knee, so that the defendant's knee of the defendant's sexual flag is feld by a deceptive means, such as making the victim's kne of kne on his/her knee of face,

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes governing stenographic records;

1. Relevant Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning the option of 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 (The following consideration shall be made again for the reason of sentencing);

1. Article 21 (4) of the Act on the Protection of Probation and Social Services against Children and Juveniles against Sexual Abuse;

1. 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 following circumstances: (a) the Defendant’s age, occupation, family environment, social relationship, victim’s intent not to punish the Defendant; (b) the benefits and effects expected by the disclosure order or notification order of this case; and (c) disadvantages and side effects therefrom; and (d) the Defendant’s personal information may not be disclosed or notified.