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(영문) 청주지방법원 2014.05.16 2013고합188
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 20:00 on January 17, 2013, the Defendant committed an indecent act by force against the victim, on the following grounds: (a) at a shelter at the entrance of the downstream-dong, Hacheon-si; (b) on January 17, 2013, the Defendant: (c) reported that the behaviors of the victim C (the female, the age of 17) and his/her female are to be carried out by E and her mother, who is his/her mother, and (d) reported to D in 112; (b) the victim’s two arms to leave his/her place, and (c) fright to turn the victim’s left chest on his/her hand, and (d) forced the victim

Summary of Evidence

1. Each legal statement of witness F, G, H and I;

1. Statement made by C of a witness in the second protocol of trial;

1. Application of field photographs and investigation reporting Acts and subordinate statutes;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act concerning criminal facts;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 11572, Dec. 18, 2012); the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of the following: (a) the proviso to Article 38(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family relationship, social relative relationship, the background of the instant crime, and the Defendant’s sexual crime record are not determined to have high risk of reoffending; and (b) the disadvantages and side effects of the Defendant’s personal information are significantly greater than the benefits and preventive effects expected by the disclosure order or notification order, the Defendant’s assertion against the Defendant and his defense counsel is deemed to not disclose and notify the Defendant’s personal information.

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