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(영문) 의정부지방법원 2015.10.22 2015고합231
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 becomes final and conclusive.

Reasons

Punishment of the crime

On June 22, 2015, at around 19:10, the Defendant: (a) boarded the bus No. 30-5, and was seated on the side of the passage immediately behind the card terminal, and was seated on the water side of the Namyang-si, Seoyang-si, Namyang-si, the Defendant committed an indecent act by the Defendant against the victim D (the age of 17) (the age of 17) who was seated by the Defendant in uniform on the left side of the seat seat where the Defendant was seated at the time when the bus was operated between the high school and the middle apartment at the time of the operation of the said bus.

Accordingly, the defendant committed indecent acts by force against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs and evidence photographs of indecent acts by compulsion;

1. Application of CCTV 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. 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;

1. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In light of the fact that the Defendant had no record of being punished for a sexual crime under 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 background leading to the instant crime, the circumstances after the instant crime was committed, etc., the mere fact that the Defendant committed the instant crime is in danger of a sexual assault and a recidivism.

The fact that it is difficult to deem that there is a need to impose a disposition such as an order of disclosure and notification which may significantly affect the rehabilitation of the defendant, and other benefits and preventive effects expected by the defendant's age, family environment, social relationship, disclosure or notification order, and such other benefits and preventive effects.

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