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(영문) 대구지방법원 2014.09.19 2014고합231
아동ㆍ청소년의성보호에관한법률위반(준강간등)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 05:00 on December 22, 2013, the Defendant: (a) discovered the victim E (the age of 15) who was divingd in a cafeteria cafeteria located adjacent to the cafeteria C, and (b) taken advantage of the victim’s desire to commit an indecent act; (c) discovered the victim E (the age of 15); (d) taken the victim’s hand over his hand on the part of the victim; and (d) taken the part on the part of the victim; and (e) taken the part on the part of the victim; and (e) committed indecent act against the

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Where a judgment becomes final and conclusive on the registration of personal information under Article 21(2), (3), and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused 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 is obliged to submit personal information to a competent agency pursuant to Article 43 of the same

However, in full view of the following facts: (a) the Defendant is a primary offender with no criminal record; (b) the Defendant has committed the instant crime in depth against his/her mistake; (c) the Defendant’s age and the background leading up to the instant crime; and (d) the Defendant’s order to disclose or notify the registered information pursuant to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc., it cannot be readily concluded that there is a risk of recommitting a sexual crime committed against an unspecified person; and (c) the Defendant concurrently takes measures to improve his/her character and behavior; and (d) there is a special circumstance that may not disclose or notify

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for not less than two years nor more than thirty years; and

2. The sentencing criteria shall be based on; and

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