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(영문) 광주지방법원 순천지원 2015.11.12 2015고합144

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 10:30 on May 24, 2015, the Defendant, at the home of the Victim D (Inn, 16 years of age) located in Gosong-gun, Gosung-gun, Gosong-gun, had the desire to bread itself with the victim, and had the victim interfered with the victim's entrance by avoiding the defendant, and subsequently had the victim interfered with the victim's entrance.

Then, after lying the victim's chest on his/her breast, lying the victim on the upper left, lying the victim into a breath, while drinking the victim's breast, kid the victim's breast with his/her fingers and walking the son, the victim's breast was promptly fluent.

Accordingly, the defendant committed an indecent act against the juvenile victim 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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 21 (4) of the said Act;

1. In full view of the following circumstances: (a) the Defendant has no electric power prior to the instant order to disclose or notify the personal information of the Defendant; (b) the disclosure of the Defendant’s personal information is likely to cause secondary damage to the victim; (c) the Defendant’s family environment and social ties; (d) the benefits and preventive effects expected by the disclosure or notification order; and (e) disadvantages and side effects therefrom; and (e) the disclosure or notification of the Defendant’s personal information

Reasons for sentencing

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

2. The scope of recommendations according to the sentencing criteria; and