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(영문) 대구지방법원 2016.10.28 2016고합307

아동ㆍ청소년의성보호에관한법률위반(강제추행)

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

. It is difficult to deem that there is a special reason or motive to mislead the Defendant.

Therefore, this part of the defendant and defense counsel cannot be accepted.

Where a conviction against a defendant who has registered personal information becomes final and conclusive, the defendant is 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of

Reasons for sentencing

1. Two to forty-five years of imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Scope of recommended sentences according to the sentencing criteria;

A. Basic crime- Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse [Determination of Punishment] Aggravated Punishment of Indecent Act by Indecent Act (subject to 13 years of age or older) on the Protection of Children and Juveniles against Sexual Abuse, there is no person [the scope of the decision and recommendation in the recommending field] basic field [the scope of the decision and recommendation in the recommending field], one year and eight months to three years and four months from the date of imprisonment], the lower limit and the upper limit of the sentence shall be reduced to 2/3 each, respectively.

(b) At least one year and eight months of imprisonment with prison labor within the scope of recommended punishment after the application of the standards for handling multiple crimes (the above crime with the sentencing criteria set and the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims against whom no sentencing guidelines have been set are concurrent crimes under the former part of Article 37 of the Criminal Act, the lower limit shall be based on the lower limit of the sentencing criteria for the crime for which the sentencing criteria set

3. The Defendant: (a) carried out a printing by a smartphone app, and (b) attempted to force the victim F by force on the ground that the victims, who first met juveniles, did not interfere with sexual traffic with and promised to receive only the price for sexual traffic; and (c) attempted to commit an indecent act against the victim C.

Although the Defendant, as an adult, has a social responsibility to respect and protect the rights and interests of children and juveniles as well as their human rights, he/she is 17 years of age to pursue sexual humiliation.