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(영문) 대전지방법원 천안지원 2014.10.29 2014고합187
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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 13, 2014, at around 07:50, the Defendant found the victim E (the name, the 17-year old age) who is a female son coming from the adjoining part of the road in the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, and committed an indecent act by force against the victim by extending back the left hand to one time.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of E;

1. Written statements of F and G:

1. Application of Acts and subordinate statutes to field photographs (in addition to the fact that the place where the instant crime was committed on the consistent statement of the victim and witness was relatively wide, it may be recognized that the Defendant committed an indecent act against the victim)

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. Where a judgment of conviction becomes final and conclusive on the facts constituting a crime on which personal information is registered as a result of suspended execution under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds), the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the Defendant is obligated to submit personal information to the competent

Comprehensively taking account of the facts that the Defendant could have committed the instant crime, the details and the circumstances after the instant crime, etc., the risk of re-offending by the Defendant appears low, the Defendant’s continuous treatment is being provided due to liverness, serious behavioral disorder, etc., and the order to attend a course does not seem to have a positive effect on the Defendant, it is deemed that there are special circumstances where the Defendant cannot impose an order to attend a course. Accordingly, the Defendant

The details, etc. of the crime of this case shall be deferred from disclosure orders and notification orders.

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