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(영문) 대전지방법원 2015.02.13 2014고합536
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 of the final judgment.

Reasons

Punishment of the crime

On September 24, 2014, around 21:27, the Defendant completed the class of a private teaching institute in the corridor of the first floor of the building in Daejeon-gu, Daejeon-gu, Daejeon-gu, and opened with the victim D (the 15-year old age), who walked with one another, led to a part of the victim's left part by extending out the arm's length to the left part.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes to CCTV photograph data for committing a crime;

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 a criminal fact in the judgment becomes final and conclusive, the defendant who has registered personal information under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse is a person 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 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 that is 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 is the defendant’s age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process, consequence, seriousness, etc. of the crime, characteristics of the crime such as the crime, degree of disadvantage and anticipated side effects of the defendant's injury due to the disclosure order or notification order, preventive effects of the sex offense subject to registration, and effects

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