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(영문) 광주지방법원 2015.06.26 2015고합154

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 July 8, 2014, 2014, the Defendant: (a) accessed the victim (here, 17 years old) who was examining the leaflet in front of the Ma-dong 15-Ga, Seongdong-gu, Ma-dong 15-ro, Ma-dong 23 E-dong 23 E-dong Ma-dong 23 E-dong SH apartment (SH apartment) 102-dong 102-dong 102-dong 17 years old;

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. Statement prepared by the assistant judicial police officer to make a statement suitable for such statement;

1. Application of described Acts and subordinate statutes that conform to the written statement prepared by C;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act does not specify the degree of indecent act against the victim; Article 62 (1) of the victim is not subject to punishment; Article 62 of the victim is not subject to punishment for the same crime; Article 62 of the

1. Grounds for sentencing under Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences by law: one year to 15 years;

2. Where the degree of indecent act is weak in the range of recommended punishment according to the sentencing guidelines [the range of recommended punishment] [the range of punishment] 6 months to 2 years from 3 years from 13 years of age or older, the crimes of indecent act by compulsion (the target of 13 years of age or older) and the range of punishment (the maximum and minimum limits of punishment by indecent act by compulsion by juveniles, and the maximum and minimum limits of punishment by compulsion by juveniles shall be mitigated to 2/3].

3. Determination of sentence: One year of imprisonment, two years of suspended sentence, and two years of suspended sentence, under the influence of alcohol, the defendant was aware of the sensitive part of the victim who was under the influence of alcohol, and it seems that the mental impulse suffered by the victim was not significant.