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(영문) 의정부지방법원 2017.11.13 2017고합1
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 December 2, 2016, the Defendant: (a) discovered out that the victim F (n, 16 years of age) was getting out of the E bus stops located in D's front bus stops located in C in Namyang-si, Namyang-si, 2016; (b) accessed the victim's back to the victim; and (c) accessed the victim's back to the victim, and led the victim's left her hands to the victim's hand.

As a result, the defendant committed an indecent act against the victim who is a juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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

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. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the crime of this case alone has a criminal tendency against many unspecified victims.]

It is difficult to readily conclude, only with the registration of personal information on the defendant and the lecture of sexual assault treatment can prevent recidivism.

In full view of the Defendant’s age, motive and method of crime, Defendant’s character and conduct environment, degree of disadvantage suffered by Defendant due to an order to disclose information, anticipated side effects, etc., there are special circumstances that may not disclose Defendant’s personal information.

If a conviction becomes final and conclusive with respect to a crime in the judgment on the registration of personal information (see Supreme Court Decision 2011Do16863, Feb. 23, 2012, etc.), 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 thus, Article 43 of the same Act is applicable to the Defendant.

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