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(영문) 대구지방법원 김천지원 2018.01.16 2017고합114

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

The sentence against the accused shall be determined by one year and six months of imprisonment.

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The defendant is suffering from the victim C (n, 17 years of age)'s external relationship.

On September 3, 2017, the Defendant: (a) around 02:0, the Defendant: (b) around 02:0, the Defendant: (c) Dolla DB01, and (d) Dolla DB01, and met the victim’s chest once, and (d) continued to escape the victim’s breast at his/her ward, and (e) the victim was living together with the victim who was living together with the Defendant, by inserting his/her finger into his/her part on the part of the victim’s own; (b) the victim was her fingerd by inserting his/her breast part on the part of the victim’s chest, and (c) the victim was her chestd by inserting his/her breast.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes to stenographic records;

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. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in consideration of the conditions favorable to the attention) of the mitigated amount;

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

1. In full view of the Defendant’s age, family environment, social ties, criminal records, risk of recidivism, and other various circumstances, such as the benefits and preventive effects expected by the instant disclosure order or notification order, and disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

It is reasonable to see the reason for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. The scope of the recommended punishment on the sentencing guidelines [the types of decisions] the general criteria for sex offenses (subject to more than 13 years of indecent conduct) is the second type (special mitigation factors) [the area of recommendation and the scope of the recommended punishment] the penalty is not mitigated (the area of recommendation and the scope of the recommended punishment], and imprisonment.