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(영문) 대구지방법원 서부지원 2016.05.12 2016고합27
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

On June 21, 2015, around 00:0, the Defendant, at the studio where the victim D (n, 17 years of age) located in Daegu-gu, Daegu-gu, and the victim D (n, n, and 17 years of age), was living together with other friendships, and the Defendant met the victim’s right chest with the victim’s hand and the victim’s right chests at one time.

Accordingly, the defendant committed indecent act against the juvenile victim.

Summary of Evidence

1. Statement of the defendant in the first trial record;

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

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. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for sentencing”), whichever is favorable, is considered as follows.

1. The main sentence of Article 21 (2), the main sentence of Article 21 (3), and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. There are special circumstances in which disclosure of personal information may not be notified in light of the Defendant’s age, occupation, history of crime, details and motive of crime, method of and result from crime, order of disclosure or notification, the degree and expected side effects of the Defendant’s disadvantage due to the order of disclosure or notification, the preventive effect and effect of sexual crime subject to registration that may be achieved due to such order, the effect of protection of the victim, etc.

In the event that a judgment of conviction becomes final and conclusive on the facts constituting a crime in the judgment against the Defendant who registered the new information, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43

Reasons for sentencing

1. Imprisonment with prison labor for not less than one year but not more than 15 years;

2. The scope of punishment for the recommendation;

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