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(영문) 대전지방법원 천안지원 2015.10.21 2015고합194
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
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 June 28, 2015, the Defendant committed an indecent act against the victim, such as: (a) the victim E (n.e., 18 years of age) coming out of a soup, making soup, which is located in the wife population C, and (b) the victim E (n.e., 18 years of age) coming out of a soup; (c) the victim’s shoulder and her hands out on the right side of the victim; (d) the victim’s shoulder and her hands up one time; (e) approximately 3-4 minutes of the chest; and (e) the victim’s bridge.

As a result, the defendant committed indecent act by force against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of F and G;

1. A victim and witness photograph, a ctv image caps and photographs, D on-sitectv image CDs;

1. Application of Acts and subordinate statutes to the notification of each investigation report and 112 case reporting department;

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, which adopt 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 extenuating circumstances among the reasons for sentencing);

1. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; in the instant case, personal information is registered and participation in sexual assault therapy can prevent the recidivism of the Defendant to a certain extent; in light of all the circumstances, the disclosure order has significant adverse effects on the disadvantage and anticipated side effects on the Defendant, which can be achieved by the disclosure order, while the effectiveness of the prevention of sexual crimes, etc., which can be achieved by the disclosure order is considered to be relatively less stated.

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