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(영문) 대구지방법원 서부지원 2017.01.05 2016고합180
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

From around 12:25 on July 3, 2016 to around 14:30, the Defendant: (a) when the victim E (the aged 12) was seated in “F10, a seat adjacent to the Defendant’s left-hand side” while viewing the motion picture “F11” in the Daegu-gu Seo-gu C, D5 floors, and the 3rd F1, the Defendant committed an indecent act on the victim’s knee and kbbbbbs by force on several occasions during the film.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes governing stenographic records;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the selection of the relevant criminal facts;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2006)

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

1. The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Sex Offenses of Children and Juveniles Exempted from an order to disclose information and an order to notify information (the fact that the defendant has no history of criminal punishment, the crime of this case is not an offense against many and unspecified persons, and the crime of this case is not an offense against the unspecified majority, and the registration of personal information ordered by this court, and taking lectures in the treatment of sexual assault only can prevent recidivism by the defendant

In addition to the fact that the defendant's age, family environment, social relation, occupation, background and result of the crime in this case, considering the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order in this case, the prevention effect of sexual crimes that can be achieved therefrom, and the effect of protecting the victim from sexual crimes, there are special circumstances that may not disclose or notify the defendant's personal information.

In conclusion, the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) in the decision to register new commercial information is committed.

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