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(영문) 대구지방법원 2015.10.02 2015고합326
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On April 30, 2015, the Defendant: (a) around 18:00 on April 30, 2015, at the D Machines room in Daegu-gu, where the Defendant was employed as an employee, found him/her as a customer at the D Machines room in Daegu-gu, as a customer; (b) was under the influence of the victim, while smoking tobacco, he/she gets the victim's chest by his/her hand; (c) was able to have the victim's finger by her hand; and (d) was able to have the victim's finger by her hand; and (d) was able to have the victim's head by her hand and her sexual organ towards the Defendant's sexual organ.

Accordingly, the Defendant committed indecent act against the juvenile victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Application of statutes governing stenographic records;

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, concerning the relevant criminal facts and the choice of punishment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons 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 following: (a) 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 [this case’s records; (b) the relationship between the defendant and the victim; (c) the circumstances after the crime, etc., it is difficult to readily conclude that the defendant has the recidivism risk or recidivism risk; and (d) in light of the degree of the exercise of the type of the instant case’s force; and (e) the defendant’s age, character and conduct, family environment, social relationship, etc., the registration of personal information and the attendance order in the course of sexual assault treatment could have the effect of preventing recidivism and protecting children and juveniles from sexual assault, it is deemed that there is a special circumstance in which the disclosure and notification of personal information of the defendant can not be made; and

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