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(영문) 인천지방법원 2016.02.17 2015고합727
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 22, 2015, the Defendant committed an indecent act against a child or juvenile by force, such as: (a) the victim D (here, 18 years of age) who was satisfed and returned home in front of the Nam-gu Incheon Metropolitan City, and (b) the victim D (here, 18 years of age); (c) the victim was satisfyed behind the victim; (d) the victim was satisfyed with a knife with a knife with a knife with a knife with

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of the provisions of Acts and subordinate statutes to photograph the suspect CCTV image data, on-site photographs, the final CCTV photographs of the suspect's escape due to his/her escape, the white photographs, and the CCTV images presented by the suspect;

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 selection of the relevant criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant constitutes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant shall submit personal information to the competent agency pursuant to Article 43 of the same Act

The disclosure and notification order of information on the registration of exemption from disclosure and notification order needs to be prudent because it may have a significant impact on the defendant, so that the defendant has no record of sexual crime, and in this case, it can be said that the effect of preventing the recidivism of the defendant to a certain extent only by taking the registration of personal information and the lectures to treat sexual assault.

In light of other circumstances, such as the defendant's age, family environment, and social relationship, disclosure notification order is given.

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