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대전지방법원 2015.02.10 2014고합532

아동ㆍ청소년의성보호에관한법률위반(준강제추행)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

The defendant is a person who operates the DNA telecom in Daejeon Dong-gu C.

At around 04:00 on August 23, 2014, the Defendant was able to see the victim E (n, 15 years of age) with drinking alcohol and 206, so as to set up a fish container after diving into the above 206 room, and panty and panty of the victim, who was under the influence of alcohol, was able to see the victim’s panty and the victim’s panty.

As a result, the defendant committed indecent acts against the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act, which adopt the relevant criminal facts and punishment;

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. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In light of the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the degree and expected side effects of the defendant's disadvantage and expected side effects, and the effect of preventing recidivism through the registration of the defendant's personal information against the defendant), if the judgment of conviction against the criminal facts in the judgment becomes final and conclusive, the defendant who has registered personal information is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article 43 of the aforesaid Act.

Reasons for sentencing

1. The scope of applicable sentences: Imprisonment for one year to 15 years;

2. Application of the sentencing criteria (the scope of recommendations) general.