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(영문) 대전지방법원 2014.10.17 2014고합242
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a taxi engineer.

At around 08:10 on May 8, 2014, the Defendant: (a) 117-ro 117-gil, Seo-gu, Seo-gu, Daejeon, Seo-gu, Seo-gu, Seo-gu, 117-ro 2 (the age of 18) carried the victim C (the age of 18) as a customer; and (b) 3:19-ro, Seo-gu, Daejeon, Seo-gu, Seo-gu, Seo-gu, the Defendant asked her age to the victim who was seated on the west 19-do (the age of 19-do).

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of Acts and subordinate statutes to the suspect interrogation protocol against the defendant

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

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

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Where a conviction of the criminal facts indicated in the judgment becomes final and conclusive, the Defendant is subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act.

The issue of whether the disclosure order and notification order under the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse constitutes “any other special circumstance deemed prohibited from disclosing personal information” as one of the grounds for exception to the disclosure order and notification order under the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be determined by the Defendant’s age, occupation, risk of recidivism, etc., the type, motive,

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