beta
(영문) 대전지방법원 2016.02.05 2015고합405

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 25, 2015, around 15:00, the Defendant: (a) had been living in a row house in Daejeon-gu, Daejeon-gu, Daejeon-dong C Housing on October 15, 2015, and (b) had been living in the same apartment house, and (c) had been living in the apartment house, and (d) had been living in the apartment house, and (d)

In anywhere, at the same time, the knife knife knife knife knife knife knife knife knife knife knife knife knife knife the knife

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made 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 concerning the selection of the relevant criminal facts;

2. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

3. Article 62 (1) of the Criminal Act on the suspension of execution (The following consideration shall be repeated for the reasons for sentencing).

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

1. Where the exercise of tangible force (one year to two years) in the mitigated area (one year to two years) is significantly weak for compulsory indecent conduct (subject to compulsory indecent conduct by juveniles) in accordance with the sentencing guidelines, the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines general standards;

2. The sentence shall be determined as ordered by taking full account of the following circumstances: (a) the Defendant who made the decision on the sentence of this case led to the confession of a crime; (b) there is no previous conviction exceeding a fine; (c) there is no history of sex offense; (d) the exercise of tangible force is weak and the degree of indecent act is not much severe; and (e) the motive and background of the instant crime; (e) the age, criminal conduct, environment,

Where a conviction becomes final and conclusive on the facts constituting the crime on which the personal information is registered, the defendant is a person subject to the registration of personal information under the main sentence of Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and personal information is provided to the competent agency pursuant to Article 43