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(영문) 광주지방법원 2014.10.17 2014고합304
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

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

On June 9, 2014, the Defendant: (a) placed the victim’s panty 104 in Mapo-si Cum 104 on June 9, 2014, and met the victim’s panty with the victim’s panty, and (b) made indecent act by force on the part of the victim’s clothes.

Summary of Evidence

Criminal facts in holding

1. Any statement made by the defendant in compliance with this Act;

1. Statement made by the assistant judicial police officer in relation to D's statement that fit for such statement;

1. As a whole, it can be recognized by comprehensively taking account of the descriptions of the Kakaogle written by the Defendant and D and each corresponding description, there is such proof.

Application of Statutes

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 circumstances considered favorable to the sentencing);

1. Article 62 (1) of the Criminal Act of the suspended execution (The following extenuating circumstances shall be repeated among the 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, who has no history of criminal punishment for committing a sexual crime, is likely to readily conclude that the defendant committed the crime of this case by reporting the victim and contingently. This court’s punishment and the order to attend a sexual assault treatment course against the defendant alone seems to have the effect of preventing the recidivism of the defendant and protecting children and juveniles against the defendant, while the disclosure and notification of personal information of the defendant is likely to cause an excessive difficulty to the mother of the defendant living together with the defendant, and the future social activities of the defendant, who is a university student, are also expected to be significantly restricted.

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