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(영문) 대구지방법원 경주지원 2019.05.23 2016고합17
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 November 13, 2015, the Defendant:30 on November 13:30, 2015, in a public toilet of the C Terminal 2nd floor located in B, and after a door to the urinals column in which the victim D (the age of 15) is located, the Defendant “attention ..........................” the victim’s sexual organ was met twice by the victim’s 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. Application of each police protocol of statement to D and E;

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 (The following consideration shall be made again for the reason of sentencing);

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018);

1. In full view of the following circumstances: (a) 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 Act on the Protection of Children and Juveniles against Sexual Abuse; (b) there is no history of criminal punishment against the Defendant for sexual crimes; and (c) the registration of personal information and participation in the sexual assault therapy alone appears to have the effect of preventing recidivism; (d) circumstances in which the prevention of sexual assault crimes, etc., which may be achieved by the Defendant due to the disclosure order and notification order, are relatively small compared to the disadvantages and anticipated side effects that the Defendant would sustain; and (e) other circumstances, such as the Defendant’s age, occupation, family environment, social relationship, motive, means,

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