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(영문) 대구지방법원 포항지원 2014.07.21 2014고합46
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

At around 20:00 on April 5, 2014, the Defendant used his/her body towards his/her client in order to put his/her body to his/her tabled with his/her tabled by Defendant’s daily behaviors, with his/her her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s.

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 the police statement law to D;

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. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Penalty fine of KRW 5,000,000 to be suspended;

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. Article 59 (1) of the Criminal Act of suspended sentence;

1. In full view of the following: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the confession and reflect of the crime in this case; (b) there is no record of criminal punishment; and (c) it is difficult to readily conclude that there is a risk of recommitting a sexual crime due to minor indecent act; and (d) the disadvantage and anticipated side effects of the defendant are more likely to be higher than the preventive effect of the sexual crime expected to be disclosed and notified of the information on the defendant; (b) there is a special circumstance that the disclosure and notification of personal information of the defendant are prohibited from disclosing or notifying the facts of the crime; (c) the degree of the exercise of indecent act and tangible force is relatively minor; (d) the defendant committed the crime in this case by contingency; (e) the victim does not want the punishment of the defendant; and (e) the defendant

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