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(영문) 춘천지방법원 원주지원 2013.08.22 2013고합14
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 August 18, 2012, at around 22:50, the Defendant: (a) reported the victim E (18 years of age, in front of D) in front of D in Haju City, that she would be able to shot up in his/her molding machine, and committed an indecent act on the female by making his/her her son’s son’s son’s son’s son’s her hand only once.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F, and part of witness G, legal statement;

1. Each prosecutor's statement concerning E and F;

1. Each statement of E and F;

1. Application of the Acts and subordinate statutes to photograph attachment and ctv verification reporting;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), 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. Where a conviction becomes final and conclusive as to the facts constituting a crime in which personal information is registered under Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 11572, Dec. 18, 2012) and Article 21(2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information pursuant to Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the Defendant is obligated to submit personal information to his/her competent authority pursuant to Article 5(1) and Article 43 of the Addenda to

In light of the following: (a) the Defendant has only twice the minor penalty history of the Defendant under the proviso to Article 38(1) and the proviso to Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse; (b) the Defendant is deemed to have committed the instant crime with contingency; and (c) the Defendant’s social interest is obvious; and (d) the Defendant’s attack against sexual crime is committed.

(2) a second offense.

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