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(영문) 수원지방법원 안산지원 2014.11.28 2014고합226
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On June 19, 2014, around 21:00 on June 21, 2014, the Defendant placed three times the victim D (V, 17 years of age) who had talked with her flock in the front of the Mac-si, the Defendant placed her her block with the victim's hand.

In the written indictment, the defendant stated that the victim's her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

As a result, the defendant committed an indecent act against a child or juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

2. Written statements of D;

3. Application of Acts and subordinate statutes to report an investigation by the prosecution (to hear statements by victims D and witnesses);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the relevant criminal facts;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

5. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from orders to attend lectures or complete programs;

6. In full view of all the circumstances such as the fact that the Defendant appears to have committed the instant crime under the influence of drinking, the fact that the Defendant appears to have committed the instant crime under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the degree of indecent act committed by the victim was not limited, the victim and the victim have not yet been punished for a sex offense, the circumstance leading up to the instant crime, the Defendant’s age, character and conduct, environment, family relationship, etc., the disclosure order or notification of the registered information to the Defendant is compared with the benefits and preventive effect expected due to the order or notification of the registered information, and the disadvantages and side effects therefrom, there are special circumstances where the disclosure of the Defendant’s personal information should not be disclosed.

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