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(영문) 수원지방법원 2015.09.22 2015고합345
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 this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 22:30 on May 24, 2015, the Defendant: (a) laid the victim E (n, 16 years of age) in front of the LG electronic agency in Masung, and (b) laid the victim E (n, 16 years of age), and (c) met the victim’s right chest by extending to the left hand.

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. Statement of each police statement of E;

1. A statement prepared by the F;

1. Police investigation report (SecuringCCTV);

1. Application of CCTV-cap photographs and CD-related 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, which select the relevant criminal facts and punishment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Where a judgment of conviction becomes final and conclusive on the crime of this case, which is a sexual crime subject to the registration of personal information, under Article 62(1) of the Criminal Act (hereinafter above), the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article

The issue of whether an order to disclose or disclose personal information constitutes "any special circumstance to prevent disclosure of personal information" as a ground for exception to an order to disclose or notify information shall be determined by comprehensively taking into account the defendant's age, occupation, risk of recidivism, etc., characteristics of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc. of the crime, characteristics of the crime such as the crime, such as disclosure order or notification order, degree and anticipated side effects of disadvantage and side effects of the defendant's disadvantage due to the disclosure order or notification order, prevention of sexual crimes subject to registration, effects

Supreme Court Decision 2011Do14676 Decided January 27, 2012

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