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(영문) 전주지방법원 정읍지원 2014.11.05 2014고합46
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant, at around 12:10 on May 26, 2014, brought about a dispute with the mother F of the victim E (the age of 17) under the influence of alcohol on the front side of the D in Jeong-Eup, Jung-up.

Accordingly, when the victim prevented the defendant, the defendant had committed an indecent act against the victim in a timely manner, and 3 times a part of the victim's worship by hand.

Accordingly, the defendant committed an indecent act by coercion against a female juvenile victim.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Application of each police protocol of statement to E and G;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the choice of imprisonment with labor for the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances among the reasons for sentencing as follows);

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

1. Article 47(1) and the proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information: In full view of the Defendant’s age, occupation, family environment, social ties, criminal records, and the risk of recidivism (no sex crime record) recognized in the record, the fact that the Defendant’s order to disclose or notify the Defendant’s personal information is concurrently imposed, the purpose of improving character and conduct is to improve his/her behavior (no sex crime record), and the profits and preventive effects of the order to disclose or notify this case’s disclosure or notice order, and the disadvantages and side effects therefrom, it is determined that there are special circumstances that may not disclose or notify the Defendant’s personal information

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, 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.

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