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(영문) 청주지방법원 2015.02.06 2014고합274

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

except that 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 August 21, 2014, around 22:10, the Defendant committed an indecent act by force against the victim by holding the victim’s right-hand bucks, by holding the victim’s seat on the side of the victim E (the 15-year-old knife) (the knife) who reported the television, by holding the victim’s seat on the part of the victim E (the 15-year-old knife).

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes to stenographic records;

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 proviso to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from an order to attend a course or order to complete a program (a special circumstance where a defendant is unable to impose an order to attend a course or order to complete a program, considering the fact that it is difficult to expect an educational effect following an order to attend a course and the effect of preventing recidivism, even if the defendant is an elderly who shows symptoms of dementia, and is not a person with a mental disability under the law, and it is difficult to expect

1. An order of disclosure and notification of registered information under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from disclosure and notification order, needs to be careful in that it may have a significant impact on the Defendant. As such, the fact that the Defendant’s mistake is against the Defendant, the exercise of the tangible power of this case and the degree of indecent act is not much serious, and other benefits and preventive effects expected by the Defendant’s age, occupation, and disclosure or notification order of this case, and the results therefrom.