beta
(영문) 광주지방법원 목포지원 2014.11.06 2014고합137

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

On May 11, 2014, the Defendant: (a) around 22:30, 2014, at the street, brought the victim D(n, 15 years old); (b) demanded the victim to have his/her sexual organ delivered to the victim four times by hand; (c) demanded the victim to have his/her sexual organ delivered to the victim; and (d) forced the victim to commit indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select 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. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 49 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a criminal facts in the judgment on the registration of personal information under Article 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse are affirmed, 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 the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of

Reasons for sentencing

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

2. Application of the sentencing criteria [Determination of a type] The general standard for sexual crime committed the crime of indecent act by force (subject to the age of 13 or more), [the scope of the recommended sentence] the imprisonment from one year to two years [the maximum and minimum limit of the sentencing range shall be mitigated to 2/3, as it is a special mitigation area and a juvenile indecent act by force, and the sentencing range recommended by the sentencing guidelines (one month to two years) differs from the range of the sentencing range by statutory mitigation, and thus, according to the minimum limit of the applicable sentencing range by law] - Special mitigation: In case where the exercise of the tangible power is considerably weak, the penalty surcharge shall not be imposed.

3. Determination of sentence: The crime of this case for a period of two years of suspended sentence for one year shall be included in the sentence of imprisonment with prison labor and the defendant's living together with the victim.