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(영문) 창원지방법원 2016.07.21 2016고합146
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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

On May 6, 2016, the Defendant, at around 08:30, performed drinking with the victim D (the 16-year old age) and five relatives of the Defendant, Kimhae-si, a residence of the Defendant, at around 08:30 on May 6, 2016, the Defendant, while drinking alcohol with the victim D (the 16-year old age) and five (5) of the Defendant, was under the influence of the victim, and the victim, who was under the influence of alcohol, kidds by the victim, and forced the victim to go on her chest, and did not resist the victim's grandchildren because the victim was pushed the Defendant and her resistance, thereby committing an indecent act by forceing the victim, who was a juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. In full view of the Defendant’s age, occupation, family environment, criminal record (no criminal record) and risk of re-offending of a child exempted from an order to disclose or notify the Defendant’s personal information, as well as the benefits and preventive effect expected by the order to disclose or notify the information of this case, and the disadvantages and side effects therefrom, there are special circumstances that may not disclose or notify the Defendant’s personal information, in light of the following:

In a case where a conviction is finalized against a defendant who registered a new commercial information, 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, he/she shall submit personal information to the competent agency pursuant to Article 43 of the same Act.

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