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(영문) 수원지방법원 성남지원 2014.09.04 2014고합20
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

On October 30, 2013, at around 21:23, the Defendant walked the victim E (Woo, 17 years of age) on the side of the Seongbuk-gu Seoul Metropolitan City D apartment and met the victim’s body, “A student must go through several years of age,” “Woo-gu,” and “Woo-gu, I would be bad.” On the part of the Defendant’s body, the Defendant forced the victim to commit an indecent act against the juvenile who is a juvenile by pushing the victim of the defect with the Defendant’s answer again. After the victim’s answer again pusheds the Defendant’s shoulder on the part of the victim’s left shoulder, “I am on the front part of the leg?” and “I am on the front part of the leg?” and “I am on the front part of the Defendant’s body.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the witness E and F’s statutory statement Acts and subordinate 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 concerning the relevant criminal facts;

1. Article 21 (2), (3) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, including Probation, Order to attend a lecture or Order to provide community service;

1. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, 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 Defendant has no record of being sentenced to a suspended sentence or heavier punishment prior to the instant crime). Most of all, the Defendant reflects in depth on the instant crime, and re-influences that such crime would not be avoided. Considering these circumstances, there are special circumstances that may not disclose and notify the Defendant’s personal information in this case, rather than the benefits and preventive effects expected by the disclosure order or notification order. Accordingly, the Defendant, who registered personal information, shall not be convicted of the instant criminal facts.

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