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(영문) 대전지방법원 2014.03.28 2013고합530
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간등)
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

At around 17:15 to 19:40 on November 9, 2013, the Defendant, while boarding a rapid bus C (the starting point, the arrival of Daejeon), committed indecent act against the juvenile, by taking advantage of the victim D (the age 12)’s right-free bucks and her mucks, which were seated by the Defendant during the operation of the said bus from the original state to the front state, and by taking advantage of the victim’s state of failure to resist due to the victim’s water surface.

Summary of Evidence

1. The defendant's partial statement (a statement to the effect that there is an entry of D's d'bucks in lock at the time and place in which the defendant makes a ruling);

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes concerning investigation reports;

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 (Discretionary Reasons for Discretionary Mitigation);

1. Where a conviction of a criminal fact in the judgment becomes final and conclusive, the defendant who has registered personal information under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to

The issue of whether the disclosure order and notification order under the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse constitutes “any other special circumstance that may not disclose personal information” as one of the grounds for exception to the disclosure order and notification order under the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is due to the characteristic of the offender, such as the Defendant’s age, occupation, risk of recidivism, etc., type, motive, process of the relevant crime, consequence, seriousness of the relevant crime,

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