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(영문) 수원지방법원 성남지원 2014.07.03 2011고합214
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 21, 201, at around 20, the Defendant: (a) expressed the victim E (V) who is a juvenile of the Defendant himself/herself in Gwangju City, “Fink, C.” on September 21, 201; (b) expressed the victim’s left chest at one time due to his/her fingers that the victim “find, find,” and find, the Defendant committed an indecent act against the victim by forcing him/her from the bottom of the left chest to use the said chest.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes in the F and G preparation;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), the main sentence of Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The defendants under the proviso to Article 38 (1) and the proviso to Article 38-2 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse who were exempted from disclosure orders and notification orders shall not have any record of criminal punishment for sexual assault crimes before committing the instant crime;

This case seems to have committed an accident by the defendant under influence of alcohol.

Above all, the Defendant reflects the instant crime in depth, and again does not commit such a crime.

Comprehensively taking account of these circumstances, there are special circumstances in which the personal information of the defendant should not be disclosed or notified in this case, as it seems that the interests and prevention effects expected by the disclosure or notification order are too much disadvantageous to the defendant.

Therefore, the order of disclosure to the defendant and the defendant.

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