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(영문) 대구지방법원 2016.06.17 2016고합116
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 October 22, 2015, around 21:20 on October 22, 2015, the Defendant thought that the Victim E (M, 16 years of age) and F (M, 16 years of age) passed through the location of the Defendant committed an indecent act, and put the Defendant into the right ear of the Victim E.

Accordingly, the victims are frightened, and the defendant is able to frighten up to the adjacent bus stop, and the defendant is approaching the way again to the victims and f.

“In doing so, the said victim’s left side and left shoulder were rhyd and tried to write down his hand.”

Accordingly, the defendant committed an indecent act by force against the victims who are children and juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. Each record of the F and E;

1. Application of the photographic Acts and subordinate statutes;

1. Article 7 (3) of the Act on the Protection of Juveniles from Sexual Abuse and Article 298 of the Criminal Act, which provide for the relevant legal provisions and the choice of punishment for each of the crimes;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes concerning the violation of the Act on the Protection of Children and Juveniles against heavy victims F];

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 (wholly considering the favorable circumstances) of the suspended execution;

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

1. The exemption from disclosure order and notification order under the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse (the fact that there is no history of sex offense against the Defendant, the Defendant committed the instant crime by contingency while under the influence of alcohol, and the Defendant’s registration of personal information, instruction for sexual assault treatment, and instruction for alcohol treatment can have the effect of preventing recidivism by the Defendant;

In full consideration of the fact that the defendant is likely to commit a sexual crime or repeat a sexual crime.

It is difficult to conclude it as an order of disclosure and notification.

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