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(영문) 전주지방법원 남원지원 2014.08.14 2014고합13
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

At around 03:00 on May 19, 2014, the Defendant purchased tobacco at the C convenience store located in Namwon-si, Namwon-si, and told the victim D (Y, 17 years of age) who is an employee, to get out of the convenience store after the Defendant called "Isa. B, dead, and discarded," and they came out of the convenience store. They turned out of the convenience store of the victim, who followed the Defendant, by raising the hand hand hand of the victim on the street above the convenience store of the victim, to the shoulder of the victim's left hand, and the victim's left arm's length was cut down by the left hand.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to police statements made to D and E;

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

1. In light of the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the recognition of and against the instant crime, the Defendant appears to have committed the instant crime contingently, and the Defendant has no record of criminal punishment, etc. Furthermore, it is difficult to readily conclude that the Defendant has a risk of repeating a sexual crime. Furthermore, taking into account the fact that the disclosure and notification of information about the Defendant would have a greater adverse effect on the Defendant’s disadvantage and anticipated side effects compared to the effect of preventing sexual crimes expected to be disclosed or notified, the reason for sentencing sentencing of the Defendant’s personal information should not be disclosed or notified (see special circumstances where disclosure

1. The scope of punishment by sentence: Imprisonment for a term of one to fifteen years;

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