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(영문) 수원지방법원 2016.04.26 2015고합688

아동ㆍ청소년의성보호에관한법률위반(준강제추행)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

On November 6, 2015, at around 02:31, the Defendant committed an indecent act against the victim E (hereinafter “D”) who is a juvenile in a state of impossibility to resist, resulting in a deep diving from a sobry soup room in Suwon-si, Suwon-si, which was located in Suwon-si C, leading up to the victim E (W, 14 years of age) who is a juvenile in a state of impossibility to resist, and then the victim should not be sealed in both arms, and the victim’s bridge was displayed on the bridge of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. G statements;

1. A police investigation report and a police investigation report (the results of analysis of DNA letter or video data);

1. Application of the Acts and subordinate statutes to CCTV CDs, D shootings, or output of video data;

1. Relevant Article 7 (4) and (3) of the Act on the Protection of Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (this shall be repeatedly considered as above);

1. A person against whom a judgment of conviction has become final and conclusive due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Juveniles against Sexual Abuse by a child who has registered personal information of the main sentence of Article 21(2) of the Act on the Protection of Juveniles against Sexual Abuse is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the Act on Special Cases concerning

There are special circumstances in which personal information shall not be disclosed, as provided for in the exception of disclosure order and disclosure order and notification order.

The issue of whether the defendant constitutes "a case to be judged" is the defendant's age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process, result, seriousness of the crime, etc., characteristics of the crime, such as disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's entrance.