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(영문) 대구지방법원 2018.07.06 2018고합177
아동ㆍ청소년의성보호에관한법률위반(준강제추행)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

Defendant

On February 28, 2018, the claimant for the order to observe the protection (hereinafter referred to as the "defendant") was sitting up next to the victim D (the age of 17) in the Daegu Dong-gu, Daegu-gu, about 16:00, about 16:00, and 17 years thereafter, the victim's arms and legs, bucks, bucks, bucks, and shouldered.

As a result, the Defendant committed an indecent act against a child or juvenile victim by using the victim's potential state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim;

1. Application of Acts and subordinate statutes to report on investigation (on-site CCTV investigations, etc.);

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 299 of the Criminal Act; and Article 7 of the same Act, the choice of imprisonment for a crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In light of the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50(1) of the same Act (a) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the effect of preventing recidivism by only registering personal information of the accused and taking lectures for sexual assault treatment can be achieved, in light of the fact that the accused is an initial criminal with no criminal history, and that he/she is recognized and against his/her crime;

Considering the Defendant’s age, sexual conduct, family relationship, social relationship, and circumstances after committing the instant crime, the disclosure order and notification order appears to have relatively less social benefits expected to be achieved than the disadvantages and anticipated side effects of the Defendant, and the prevention of sexual crimes. Therefore, the Defendant’s personal information should not be disclosed and notified.

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