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(영문) 대구지방법원 서부지원 2020.06.11 2019고합187
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

around 07:30 on August 17, 2018, the Defendant was boarding D urban bus at the bus stops located in Seo-gu, Daegu, Seo-gu. Around 07:30, the Defendant got off the bus at the bus stops, and the victim E (V, 17 years of age, and name) who was on board the bus with left hand while getting off the bus at the bus stops became only as follows.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List 3);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the choice of imprisonment with labor for the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of 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. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. In full view of various circumstances such as the Defendant’s age, family environment, social relationship, other disclosure order, profits expected by the notification order, and the result of comparison between the effect of crime prevention and expected side effects, the Defendant’s personal information disclosure and the result, etc., comprehensively taking account of the following: (a) the Defendant’s personal information is not subject to punishment for sexual crimes under the proviso of Article 49(1) and the proviso of Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019).

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